When is it appropriate to dismiss an action for discovery violations under Fed. R. Civ. P. 37?

QUESTIONS PRESENTED FOR REVIEW Before this Honorable Court is the question of when it is appropriate to dismiss an action for discovery violations under Fed. R. Civ. P. 37, in light of the split in practice among federal circuits. Relatedly, the following sub-questions are also before the Court: 1) Whether an action can be dismissed for discovery violations for which a representing attorney alone is responsible. 2) Whether the discovery violations must prejudice the other side, and to what extent, for dismissal to qualify as an appropriate sanction. 3) Whether a warning that dismissal is possible is a prerequisite for dismissal as a sanction for discovery violations.