James M. Marx v. Kelly, Hart & Hallman, P.C., D/B/A Kelly, Appleman, Hart & Hallman, 929 F.2d 8 (1st Cir. 1991). · Go Syfert
James M. Marx v. Kelly, Hart & Hallman, P.C., D/B/A Kelly, Appleman, Hart & Hallman, 929 F.2d 8 (1st Cir. 1991). Cases Citing This Book View Copy Cite
92 citation events (59 in the last 25 years) across 26 distinct courts.
Strongest positive: Bonner v. Triple-S Vida, Inc. (ca1, 2023-05-19)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Bonner v. Triple-S Vida, Inc. (2×) also: Cited as authority (rule)
1st Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the choice of sanctions for failing to comply with an order of the district court lies within the sound discretion of the court.
discussed Cited as authority (verbatim quote) Jackson Muni Airport v. Harkins
5th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the assertion of privilege . . . must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim.
discussed Cited as authority (verbatim quote) Jackson Muni Airport v. Harkins
5th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the assertion of privilege . . . must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim.
discussed Cited as authority (verbatim quote) Illinois National Insurance Company and National Union Fire Insurance Company of Pittsburgh, P.A.
D.V.I. · 2021 · quote attribution · 1 verbatim quote · confidence high
if the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.
discussed Cited as authority (verbatim quote) Kansas City Power & Light Co. v. United States
Fed. Cl. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.
discussed Cited as authority (verbatim quote) Kansas City Power & Light Co. v. United States
Fed. Cl. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.
examined Cited as authority (quoted) Steven Volkswagen, Inc. v. Zurich Agency Services, Inc. (2×)
D. Kan. · 2019 · quote attribution · 2 verbatim quotes · confidence low
if the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.
discussed Cited as authority (rule) Drummond Company Inc v. Collingsworth
N.D. Ala. · 2024 · confidence medium
Ga. 2012) (“[W]hen a party fails to timely object to interrogatories, production requests, or other discovery efforts, the objections are deemed waived.”); In re United States, 864 F.2d 1153, 1156 (5th Cir. 1989) (same); Marx v. Kelly, Hart, & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991) (same).
cited Cited as authority (rule) FEDEQ DV004 LLC v. CITY OF PORTLAND
D. Me. · 2022 · confidence medium
The standard requires “sufficient information to allow the court to rule intelligently on the privilege claim.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991).
cited Cited as authority (rule) Callwood v. City of Kingston
2d Cir. · 2022 · confidence medium
Kaminsky v. Rosenblum, 929 F.2d 8 922, 927 (2d Cir. 1991).
cited Cited as authority (rule) American Service Insurance Company, Inc v. Webber's Transportation, LLC
S.D. Ga. · 2022 · confidence medium
Fla. 2010)); see also In re United States, 864 F.2d 1153, 1156 (5th Cir. 1989) (same); Marx v. Kelly, Hart, & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991) (same).
discussed Cited as authority (rule) ALLEN v. BANNER LIFE INSURANCE COMPANY
D.N.J. · 2022 · confidence medium
Ct. for Dist. of Mont., 408 F.3d 1142 , 1147–49 (9th Cir. 2005) (rejecting a per se waiver rule deeming privilege waived under Federal Rule 34 where a privilege log required by Federal Rule 26 is not produced within Federal Rule 34’s thirty-day time limit but affirming the district court’s holding that a party had waived privilege where privilege logs were provided five months late); Poulos v. Naas Foods, Inc., 959 F.2d 69, 74 (7th Cir. 1992) (discussing in dictum that a party “probably” waived an objection by “failing to object when disclosure was due” but deciding to avoid “t…
discussed Cited as authority (rule) Flynn v. Love
D. Nev. · 2021 · confidence medium
The nonmoving party “may not rely on denials in the 6 pleadings but must produce specific evidence, through affidavits or admissible 7 discovery material, to show that the dispute exists,” Bhan v. NME Hosps., Inc., 929 F.2d 8 1404, 1409 (9th Cir. 1991), and “must do more than simply show that there is some 9 metaphysical doubt as to the material facts.” Orr v. Bank of Am., 285 F.3d 764, 783 (9th 10 Cir. 2002) (quoting Matsushita Elec.
cited Cited as authority (rule) MAINE WOODS PELLET CO LLC v. WESTERN WORLD INSURANCE COMPANY
D. Me. · 2020 · confidence medium
The standard requires “sufficient information to allow the court to rule intelligently on the privilege claim.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991).
cited Cited as authority (rule) SEA SALT LLC v. BELLEROSE
D. Me. · 2020 · confidence medium
The standard requires “sufficient information to allow the court to rule intelligently on the privilege claim.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991).
discussed Cited as authority (rule) Singleton v. Garden City, Georgia
S.D. Ga. · 2020 · confidence medium
Ga. 2012) (““[W]hen a party fails to timely object to interrogatories, production requests, or other discovery efforts, the objections are deemed waived.” (quoting Bailey Indus., Inc. v. CLJP, Inc., 270 F.R.D. 662, 668 (N.D.Fla.2010)); see also In re United States, 864 F.2d 1153, 1156 (5th Cir. 1989) (same); Marx v. Kelly, Hart, & Hallman, P.C., 929 F.2d 8, 12 (1st Cir. 1991) (same).
discussed Cited as authority (rule) Puerto Rico Medical Emergency Group, Inc. v. Iglesia Episcopal Puertorriqueña, Inc. (2×) also: Cited "see"
D.P.R. · 2016 · confidence medium
“If the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991).
discussed Cited as authority (rule) Wal-Mart Puerto Rico, Inc. v. Zaragoza-Gomez
D.P.R. · 2016 · confidence medium
In general, the burden is on the party asserting a privilege “to ‘establish the existence and applicability of the privilege ... [using] sufficient information to allow the court to rule intelligently on the privilege claim.” In re Grand Jury Proceedings, 802 F.3d 57, 65 (1st Cir.2015) (alterations in original) (quoting Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991)). 2 , “If the privilege is es tablished, the burden shifts to the opposing party to show that an exception defeats the privilege.” United States v. Breton, 740 F.3d 1, 9 (1st Cir.2014) (citing Vicor Co…
discussed Cited as authority (rule) In Re GRAND JURY PROCEEDINGS
1st Cir. · 2015 · confidence medium
In general, the burden is on appellant (as the party asserting the privilege here) to “establish the existence and applicability of the privilege ... [using] sufficient information to allow the court to rule intelligently on the privilege claim.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991); see also Grand Jury, 662 F.3d at 69 (“The burden of showing that documents are privileged rests with the party asserting the privilege.”).
cited Cited as authority (rule) BPP Retail Properties, LLC v. North American Roofing Services, Inc.
D.P.R. · 2014 · confidence medium
Rivera, 190 F.R.D. at 300 (citing Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991)).
discussed Cited as authority (rule) Stamps v. Town of Framingham
D. Mass. · 2014 · confidence medium
Thus, “[w]aiver is appropriate where the responding party’s conduct evinces a ‘deliberate pattern of delay’ and is ‘egregious.’ ” In re Dep’t of Justice Subpoenas to ABC, 263 F.R.D. 66, 71 (D.Mass.2009) (quoting Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10-11 (1st Cir.1991)).
discussed Cited as authority (rule) Chevron Corp. v. Donziger
S.D.N.Y. · 2013 · confidence medium
Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir.1992) (defendant waived argument that Chinese secrecy laws prevented production of documents where defendant failed to object on that ground or to make argument in its opposition to plaintiff's motion to compel); Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) ("If the responding party fails to make a timely objection [to a request for discovery under Rule 34], or fails to state the reason for an objection, he may be held to have waived any or all of his objections”); Eldaghar v. City of New York De…
discussed Cited as authority (rule) Brenford Environmental System, L.P. v. Pipeliners of Puerto Rico, Inc.
D.P.R. · 2010 · confidence medium
It is within the court’s discretion to determine that “[i]f the responding party fails to timely object or state the reason for the objection, he or she may be held to have waived any objections.” Rivera v. Kmart Corp., 190 F.R.D. 298, 300 (D.P.R. 2000) (citing Marx v. Kelly, Hart & Hall-man, P.C., 929 F.2d 8, 12 (1st Cir.1991)); see also Krewson v. City of Quincy, 120 F.R.D. 6, 7 (D.Mass.1988) (quoting Slauenwhite v. Bekum Maschinenfabriken, G.m.b.H., 35 Fed.
discussed Cited as authority (rule) In re Dep't of Justice Subpoenas to ABC
D. Mass. · 2009 · confidence medium
Waiver is appropriate where the responding party’s conduct evinces a “deliberate pattern of delay” and is “egregious.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 9-11 (1st Cir.1991) (finding waiver of privilege when, three months after being served with a subpoena, a party “neither produced the requested documents, objected to the request, nor sought an extension of time from the district court within which to act”).
cited Cited as authority (rule) Bank of Mongolia v. M & P Global Financial Services, Inc.
S.D. Fla. · 2009 · confidence medium
Jan.13, 2003) (citing Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8,12 (1st Cir.1991) and In re United States, 864 F.2d 1153, 1156 (5th Cir.1989)); Pitts v. Francis, 2008 WL 2229524 , *2 (N.D.Fla.
cited Cited as authority (rule) In Re Papst Licensing Gmbh & Co. Kg Litigation
D.D.C. · 2008 · confidence medium
Jan. 13, 2003); Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991); In re United States, 864 F.2d 1153, 1156 (5th Cir.1989).
examined Cited as authority (rule) Gail v. New England Gas Co. (3×)
D.R.I. · 2007 · confidence medium
Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) (“[T]he assertion of privilege ... must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim.”).
discussed Cited as authority (rule) Taylor v. Woods
D.R.I. · 2006 · confidence medium
However, “dismissal with prejudice is a harsh sanction which runs counter to our strong policy favoring the disposition of cases on the merits.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir.1991) (internal quotes omitted).
discussed Cited as authority (rule) Autotech Technologies Ltd. Partnership v. Automationdirect.com, Inc.
N.D. Ill. · 2006 · confidence medium
Poulos v. Naas Foods, Inc., 959 F.2d 69, 74 (7th Cir.1992); Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991); Fonville v. District of Columbia, 230 F.R.D. 38, 42 (D.D.C.2005); Hobley v. Burge, No. 03-3678, 2004 WL 1687005 , *2 (N.D.Ill.
discussed Cited as authority (rule) In Re Fibermark, Inc.
Bankr. D. Vt. · 2005 · confidence medium
Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540, 541 (10th Cir.1984), cert. dismissed, 469 U.S. 1199 , 105 S.Ct. 983 , 83 L.Ed.2d 984 (1985) (assertion of privilege must be timely and must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim); Marx v. Kelly Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) (failure to make a timely objection on privilege grounds may result in holding that any or all objections have been waived).
discussed Cited as authority (rule) Hobley v. Chicago Police Commander Jon Burge (2×) also: Cited "see"
N.D. Ill. · 2005 · confidence medium
Like the similar order entered in Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 11 (1st Cir.1991), those orders were “an obvious red flag” relative to Jones Day’s “future right to withhold documents on grounds of privilege.” Had Jones Day asked the Hinshaw firm for copies of documents filed that discussed the police board records, it would have seen that the City’s lawyers were telling the court that a decision had been made not to assert any privilege or work product protection for the Jones Day police board documents.
cited Cited as authority (rule) Johnson v. Cornell Correction
1st Cir. · 1998 · confidence medium
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir. 1991) (reciting that a Rule 37 dismissal is reviewed for abuse of discretion).
cited Cited as authority (rule) In re Hendricks
virginislands · 1998 · confidence medium
Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir. 1991); Charter House Ins.
discussed Cited as authority (rule) Taydus v. Cisneros
D. Mass. · 1995 · confidence medium
Similarly, assuming ar-guendo that plaintiff requests sanctions un *296 der Rule 37(d), Fed.R.Civ.P., see generally Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10-11 (1st Cir.1991) (briefly discussing interplay of Rules 34 and 37(d)), plaintiff is not entitled to relief in light of the absence of documents in the “possession, custody, or control” of defendant within the meaning of Rule 34(a).
cited Cited as authority (rule) First Savings Bank, F.S.B. v. First Bank System, Inc.
D. Kan. · 1995 · confidence medium
This limit, however, “is not self-executing.” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991).
discussed Cited as authority (rule) Goldman, v. Rodriguez (2×) also: Cited "see, e.g."
1st Cir. · 1993 · confidence medium
We also recognize that "`dismissal with prejudice is a harsh sanction which runs counter to our strong policy favoring the disposition of cases on the merits.'" Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir. 1991) (quoting Figueroa Ruiz v. Alegria, 896 F.2d 645, 647 (1st Cir. 1990)).
discussed Cited as authority (rule) Goldman v. Rodriguez
1st Cir. · 1993 · confidence medium
See National Hockey League v. ___ _______________________ Metropolitan Hockey Club, 427 U.S. 639, 642 (1976); Veranda _________________________ _______ Beach Club, 936 F.2d at 1370. __________ We also recognize that "`dismissal with prejudice is a harsh sanction which runs counter to our strong policy favoring the disposition of cases on the merits.'" Marx v. ____ Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir. 1991) ___________________________ (quoting Figueroa Ruiz v. Alegria, 896 F.2d 645, 647 (1st _____________ _______ Cir. 1990)).
discussed Cited as authority (rule) Goldman, Antonetti, Ferraiuoli, Axtmayer & Hertell, a Partnership v. Medfit International, Inc., Hector Rodriguez (2×) also: Cited "see, e.g."
1st Cir. · 1993 · confidence medium
We also recognize that “ ‘dismissal with prejudice is a harsh sanction which runs counter to our strong policy favoring the disposition of cases on the merits.’ ” Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir.1991) (quoting Figueroa Ruiz v. Alegria, 896 F.2d 645, 647 (1st Cir.1990)).
cited Cited as authority (rule) Mason C. Day Excavating, Inc. v. Lumbermens Mutual Casualty Co.
M.D.N.C. · 1992 · confidence medium
Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 11-12 (1st Cir.1991); Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540, 541-42 (10th Cir.1984).
discussed Cited "see" Estate of Rubinstein v. United States (2×)
Fed. Cl. · 2011 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) (“If the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.”).
discussed Cited "see" Eden Isle Marina, Inc. v. United States
Fed. Cl. · 2009 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) (“If the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections.”).
discussed Cited "see" Casio v. Papst
D.D.C. · 2008 · signal: accord · confidence high
Id. at 648 (discussed with approval in Weisberg, 749 F.2d at 871-72 ); accord Marx v. Kelly, Hart & Hallman, P. C., 929 F.2d 8, 11-13 (1st Cir.1991) (court dismissed case after plaintiff refused to respond to discovery, and then after a court order, failed to comply on a timely basis); Weisberg, 749 F.2d at 871-72 (D.C.
discussed Cited "see" Cipriani v. Migliori, 2002-6206 (r.I.super. 2005)
Sup. Ct. R.I. · 2005 · signal: see · confidence high
See 8A Wright and Miller, Federal Practice and Procedure § 2213 (1994) Rivera v. Kmart Corp., 190 F.R.D. 298 , 300 (D.P.R. 2000) (citing Marx v. Kelly, Hart Hallman, P.C., 929 F.2d 8 , 12 (1st Cir. 1991).
examined Cited "see" Anderson v. Hale (3×)
N.D. Ill. · 2001 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991); Applied Sys., Inc. v. N. Ins.
examined Cited "see" Ritacca v. Abbott Laboratories (3×)
N.D. Ill. · 2001 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991); Applied Sys., Inc. v. N. Ins.
cited Cited "see" Rivera v. Kmart Corp.
D.P.R. · 2000 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991).
cited Cited "see" Smith v. K-Mart Corporation
1st Cir. · 1999 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir.1991).
cited Cited "see" Johnson v. Cornell Correction
1st Cir. · 1998 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 10 (1st Cir. 1991) (reciting that a Rule 37 dismissal is reviewed for abuse of discretion).
discussed Cited "see" In Re Dg Acquisition Corp. Debtor. Dg Creditor Corp., Trustee for the Dg Creditor Trust v. Ivette Dabah, Barbara Dabah, Renee Dabah, and Yvette Dabah
2d Cir. · 1998 · signal: accord · confidence high
Accord, Marx v. Kelly, Hart & Hallman, P.C., 929 F.2d 8, 12 (1st Cir.1991) (“If the responding party fails to make a timely objection ... he may be held to have waived any or all of his objections.”) (emphasis added); First Sav.
discussed Cited "see" First American Corp. v. Al-Nahyan
D.D.C. · 1998 · signal: see · confidence high
See Marx v. Kelly, Hart & Hallman, 929 F.2d 8, 12 (1st Cir.1991) (assertion of privilege “must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim.”); United States v. Exxon Corp., 87 F.R.D. 624, 637 (D.D.C.1980); 8 Wright & Marcus, Federal Practice And Procedure § 2016.1 & nn. 5, 12-20; cf. Tuite v. Henry, 98 F.3d 1411, 1416-17 (D.C.Cir.1996) (discussing similar requirement under Fed R.
Retrieving the full opinion text from the archive…
James M. MARX, Plaintiff, Appellant,
v.
KELLY, HART & HALLMAN, P.C., D/B/A Kelly, Appleman, Hart and Hallman, Et Al., Defendants, Appellees
90-1733.
Court of Appeals for the First Circuit.
Mar 26, 1991.
929 F.2d 8
1991 U.S. App. LEXIS 4810
1991 WL 39721
Bernard Bressler with whom Robert Brantl and Bressler, Amery & Rothenberg, New York City, were on brief, for plaintiff, appellant., Jeffrey B. Rudman with whom Peter J. Macdonald, Heidi E. Brieger and Hale and Dorr, Boston, Mass., were on brief, for defendants, appellees Hale and Dorr.
Breyer, Campbell, Cyr.
Cited by 71 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: D. Kansas (2)
LEVIN H. CAMPBELL, Circuit Judge.

The only issue presented in this appeal is whether the district court abused its discretion in dismissing appellant’s complaint for failure to comply with discovery orders pursuant to Fed.R.Civ.P. 37(b)(2)(C). Having reviewed the record in this case, we conclude that the judgment of the district court did not constitute an abuse of discretion. We therefore affirm.

I.

In December, 1988, James M. Marx filed a lawsuit in the Superior Court of New Jersey, naming as defendants two law firms, Kelly, Appleman, Hart and Hallman (located in Texas), and Hale and Dorr, a Boston, Massachusetts, firm. Marx alleged that the law firms had incorrectly advised him regarding a stock acquisition, thereby causing him substantial financial losses. The defendants removed the case to the United States District Court for the District of New Jersey, where they then moved to dismiss it pursuant to Fed.R. Civ.P. 12(b)(2) for lack of in personam jurisdiction. On January 22, 1990, the district court allowed the motion. Marx’s appeal from that dismissal is currently pending before the Third Circuit.

On December 29, 1989, while defendants’ motion to dismiss was still pending in the New Jersey district court, Marx filed the present action against the same two defendants in the United States District Court for the District of Massachusetts. Marx says that his purpose in bringing the present action was to toll the statute of limitations in Massachusetts, thus protecting against the possibility that his action in the District of New Jersey would ultimately be dismissed. Marx’s complaint in the proceeding below stated, therefore, that,

[tjhis same action is pending in the U.S. District Court of New Jersey and this Complaint is a protective filing as as [sic] a result of a pending Motion to Dismiss by the defendants for lack of personal jurisdiction.

Marx states in his brief on appeal that he “intended to litigate this matter exclusively in New Jersey.”

Hale and Dorr filed an answer to the complaint in the District of Massachusetts case on January 16, 1990, and, three weeks later, served its first request for production of documents. In response, Marx did nothing. He neither produced the requested documents, objected to the request, nor sought an extension of time from the district court within which to act. Nor did Marx move, at that time, to stay the case. On March 15th, after Marx had failed to respond in any way to the request within the thirty day period prescribed by Fed.R. Civ.P. 34(b), Hale and Dorr moved to compel production of the documents, pursuant to Fed.R.Civ.P. 37(a)(2). The following day, Marx dismissed his attorney, retained new counsel and notified the district court of the change. At that time, Marx filed a cross-motion to stay the proceedings in the District of Massachusetts, pending resolution of his appeal in the Third Circuit.

[*10] On April 30, 1990, the district court denied Marx’s motion for a stay and granted Hale and Dorr’s motion to compel. The district court's order required Marx

to serve a response to defendant Hale and Dorr's document request and to produce all requested documents on or before the close of business on Friday, 5/18/90.

(emphasis in original). The district court also stated as part of this order,

Any objections have been waived by failure to serve objections within the time provided by Rule 34(b), Fed.R.Civ.P.

Two days before May 18, 1990 — the production deadline established by the court— Marx’s lawyer notified Hale and Dorr by letter that the documents would be produced in New York City “on and after May 18, 1990” (emphasis supplied). The next day, one day before the deadline established by the court’s order to produce, appellant filed another motion, seeking clarification of the court’s order and requesting the court to shift the location of production from Boston to New York City. [1]

On May 18, 1990, the final day for production under the court’s order, Marx served on Hale and Dorr a document entitled “Response to Hale and Dorr’s First Request for Production of Documents,” stating that “[t]he documents called for in the Request are available for inspection and copying [in New York City].” However, attached to the response was an appendix identifying over five hundred documents that were being withheld on the grounds of attorney-client privilege. No elaboration or explanation of the privilege claim was provided. On June 8th, Hale and Dorr moved to dismiss the action pursuant to Fed.R.Civ.P. 37(b)(2)(C) for failure to comply with discovery requests. Marx filed an opposition to the motion to dismiss. On June 26th, the district court allowed the motion and dismissed the complaint “by reason of deliberate failure to obey the Order of the Court.”

II.

The choice of sanctions for failing to comply with an order of the district court lies within the sound discretion of the court. Spiller v. U.S.V. Laboratories, Inc., 842 F.2d 535, 537 (1st Cir.1988). Absent an abuse of discretion, this court will not disturb a district court’s dismissal of an action for failure of the plaintiff to comply with court orders. National Hockey League v. Metropolitan Hockey Club, 427 U.S. 639, 643, 96 S.Ct. 2778, 2781, 49 L.Ed.2d 747 (1976). The question on appeal is not whether the appellate court would, under the same circumstances, have imposed a more lenient penalty, but whether the district court abused its discretion in imposing the sanction it did. Velazquez-Rivera v. Sea-Land Service, Inc., 920 F.2d 1072, 1075 (1st Cir.1990). A plaintiff who appeals from a Rule 37 dismissal bears a heavy burden of demonstrating that the district judge was clearly not justified. Damiani v. Rhode Island Hospital, 704 F.2d 12, 17 (1st Cir.1983).

To be sure, the district court’s sanction must be "just.” See Fed.R.Civ.P. 37(b); Velazquez-Rivera, 920 F.2d at 1075. This circuit has stated that “[dismissal with prejudice ‘is a harsh sanction’ which runs counter to our ‘strong policy favoring the disposition of cases on the merits.’ ” Figueroa Ruiz v. Alegria, 896 F.2d 645, 647 (1st Cir.1990) (citation omitted). Nonetheless, the Supreme Court has made it plain that the availability of dismissal as a sanction is essential to deter and penalize egregious conduct. National Hockey League, 427 U.S. at 643, 96 S.Ct. at 2781. We believe that the plaintiff’s conduct evidenced a deliberate pattern of delay and[*11] disregard for court procedures that was sufficiently egregious to incur the sanction of dismissal.

It is evident, and Marx concedes, that he did not wish to proceed in the District of Massachusetts while his New Jersey case was alive. Marx apparently held the mistaken belief that he could simply ignore the former case while he pursued the more conveniently located one in New Jersey. It is true that Marx’s Massachusetts complaint styled that action “a protective filing,” but simply by affixing that label Marx could not exempt himself from duties prescribed in the Federal Rules.

Marx’s first dereliction was to ignore defendant’s production request. Under Rule 34(b), he was required to comply with the request or file appropriate objections within 30 days. [2] By doing nothing, Marx engaged in conduct that, without more, was sanctionable. See Fed.R.Civ.P. 37(d). After Hale and Dorr moved to compel production, Marx did retain new counsel and move for a stay. On April 30, however, the district court denied the motion for stay, and granted Hale and Dorr’s motion to compel. The court also ruled on April 30th that, “Any objections have been waived by failure to serve objections within the time provided by Rule 34(b).” By indicating that “any objections” were waived, this ruling raised an obvious red flag to Marx and his counsel relative to Marx’s future right to withhold documents on grounds of privilege.

Nonetheless, Marx persisted in foot-dragging. Although the district court’s order gave him three weeks to comply with Hale and Dorr’s production request. Marx waited until two days before the final deadline to notify Hale and Dorr that the documents would be made available in New York “on and after May 18, 1990.” When Hale and Dorr objected to this arrangement, Marx sought “clarification” from the court with respect to the location for the production of documents by filing a “Motion for Clarification” on May 17,1990, the day before the deadline established by the court’s order. Neither the May 16th letter to Hale and Dorr, nor the May 17th motion filed with the court, sought clarification with respect to whether — in light of the April 30th order — Marx would be allowed to withhold privileged documents. Nor did they assert an objection to producing privileged documents, or give any indication that it was Marx’s intention to withhold documents based on an assertion of privilege.

On May 18, 1990, the final day for the production of the documents, at 5:25 p.m., Marx served via fax a “Response” to Hale and Dorr’s document request. Marx’s response advised Hale and Dorr that the requested documents would be available for inspection and copying at the offices of Marx’s counsel in New York City and listed, for the first time, over five hundred documents that Marx was withholding on grounds of privilege. Obviously regarding this move as the final straw in what had become a series of delaying tactics, the district court granted Hale and Dorr’s motion to dismiss Marx’s lawsuit under Rule 37(b), citing Marx’s “deliberate failure to obey the Order of the Court.”

Marx argues that, by making some documents available to Hale and Dorr and by listing the documents withheld on the basis of privilege, he fully complied with Hale and Dorr’s request and the district court’s production order. In making this argument, Marx relies on Hale and Dorr’s explicit exclusion of privileged material from three out of the firm’s thirty-seven requests for specific documents. [3] This explicit exclusion in these three requests should, he argues, be interpreted as limit[*12] ing to nonprivileged materials the scope of all documentary discovery requests. In support of this theory, Marx also points to Hale and Dorr’s general instruction requesting that he list all documents withheld on the basis of privilege. He contends that, properly construed, Hale and Dorr’s discovery request provided expressly for the holding back of privileged materials; therefore, he had no obligation either to produce the privileged documents or even to explain or justify his assertion of privilege. Privileged documents were, he contends, simply outside the scope of the request.

Marx’s above argument fails to recognize, however, that the documentary requests and instructions were all drafted at the beginning of the discovery process, before Hale and Dorr could know that Marx was not going to respond to its request in a timely and proper way. The fact that, pri- or to plaintiff’s derelictions, defendant might have anticipated the withholding of documents pursuant to a proper claim of privilege, did not allow Marx to short-circuit Rule 34(b) procedures for the raising of objections. [4] Nor can Hale and Dorr be deemed to have surrendered in advance the benefit of the district court’s subsequent order of April 30th, ruling that all objections had been waived. Fed.R.Civ.P. 26(b) itself limits the scope of discovery to “any matter, not privileged, involved in the pending action ...” (emphasis supplied), but this limit is not self-executing. The burden is on the party asserting a privilege to do so in a timely and proper manner and to establish the existence and applicability of the privilege. Privilege claims may be raised as an objection to a specific documentary production request. See Fed.R. Civ.P. 34(b). But the assertion of privilege must be timely and must also be accompanied by sufficient information to allow the court to rule intelligently on the privilege claim. See id.; Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540, 541 (10th Cir.1984), ce rt. dismissed, 469 U.S. 1199, 105 S.Ct. 983, 83 L.Ed.2d 984 (1985). Here, plaintiff’s assertion of privilege was untimely; ran counter to the court’s April 30 waiver order; and was totally uninformative. In context, it gave the appearance of a further stalling tactic rather than a good faith effort to comply with the Rules and the court’s April 30 order.

Marx argues that the district court’s order of April 30th exceeded the court’s authority insofar as it determined that all objections had been waived on account of Marx’s failure to serve objections within the 30-day period. In particular, Marx says that such an order is invalid if deemed to foreclose later objections on grounds of the attorney-client privilege. We disagree. Fed.R.Civ.P. 34(b) requires that a party upon whom a request for discovery is served respond within thirty days, either stating its willingness to comply or registering its objections. If the responding party fails to make a timely objection, or fails to state the reason for an objection, he may be held to have waived any or all of his objections. See 4A Moore’s Federal Practice 1134.05[2] (citing Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540, and Krewson v. City of Quincy, 120 F.R.D. 6 (D.Mass.1988)). Marx not only failed to register any objection to the discovery request within the appropriate period following Hale and Dorr’s initial request, he subsequently failed to object within the time period defined by the court’s order compelling discovery, nor, within that period, did he seek relief from the court’s waiver order. [5]

[*13] III.

In light of his original failure to respond to the production request and the court’s subsequent statement that any objections had been waived, we hold that Marx withheld the privileged documents at his own peril. The district court’s conclusion that Marx’s tardy assertion of privilege was but one more stalling tactic, taken in bad faith and without intention of compliance, was not unreasonable. We hold that the district court acted within its discretion in imposing dismissal as the sanction.

Affirmed. Costs to appellees.

1

. In an order dated June 11, 1990, the district court allowed in part the plaintiffs motion for clarification, outlining three possible locations for production, the offices of Hale and Dorr in Boston, the offices of Marx’s local counsel in Boston, or the offices of Marx's counsel in New York City. If the documents were to be produced in New York City, Marx would be required to reimburse the travel expenses of Hale and Dorr attorneys. By the time this order was issued, however, the focus of the dispute had shifted from the place of production to the issue of privilege. Objecting to the withholding of the allegedly privileged documents, Hale & Dorr apparently did not travel to New York to inspect the documents produced.

2

. Rule 34(b) provides that, following a production request, the party served must, within 30 days, state "that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated.” By not so objecting on privilege grounds to requests deemed objectionable, Marx failed to follow the normal avenue the Federal Rules provide for raising the issue of privilege.

3

. Three of Hale and Dorr’s specific requests for documents pertained to meetings and conversations between Marx and his lawyers concerning the Net Operating Losses of Ztel. These included the phrase “to the extent not privileged” or referred to “nonprivileged documents.”

4

. We add that Hale and Dorr’s mention in three of the thirty-seven document requests of the possible exclusion of privileged materials could hardly relieve Marx of the burden of asserting the privilege properly with respect to the other thirty-four requests that did not mention any such possible exclusion. Indeed, that Hale and Dorr explicitly excluded privileged material from only three of its specific requests suggests that it sought, unless otherwise indicated, all other responsive documents.

5

. If the forced waiver order were deemed excessive, Marx was under a duty to challenge the order directly, by moving to have it modified, rather than by simply ignoring and violating it as he did. See, e.g., Vakalis v. Shawmut Corp., 925 F.2d 34 (1st Cir.1991) (upholding the district court’s sanction of dismissal when party chose to ignore rather than challenge directly the court's order).