Marielle Kronberg v. Lyndon Larouche, 461 F. App'x 222

Kronberg, former LaRouche supporter, sues LaRouche entities under 42 U.S.C. § 1985 alleging conspiracy and libel per se.
Defendants move to dismiss under Rule 12(b)(6); district court denies the motion.
Discovery issues arise; Kronberg’s counsel withdraws; Kronberg fails to meet discovery obligations.
Magistrate judge schedules show cause, recommends dismissal without prejudice and sanctions for discovery failures.
District court adopts magistrate’s Report, dismissing the action without prejudice after de novo review.
On appeal, defendants urge dismissal with prejudice or reversal on Rule 12(b)(6); court affirms sanctions without prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sanctions for discovery abuses appropriate?	Kronberg contends sanctions were improper or excessive.	Kronberg’s failures justify sanctions and potential prejudice against defendants.	Sanctions upheld; dismissal without prejudice proper.
Was dismissal with prejudice required?	Kronberg argues dismissal with prejudice unnecessary given diligence before counsel issues.	Kronberg’s conduct warrants the harshest sanction.	No abuse; dismissal without prejudice not an abuse of discretion.
Should district court have considered Rule 12(b)(6) denial on appeal?	Kronberg challenges the denial of Rule 12(b)(6) as part of appeal.	Court should review only sanctions ruling; Rule 12(b)(6) issue not binding on appeal.	We decline to review Rule 12(b)(6) denial.

Link v. Wabash R.R. Co., 370 U.S. 626 (U.S. 1962) (party cannot avoid consequences of attorney's actions; sanction discretion)
Robinson v. Wix Filtration Corp. LLC, 599 F.3d 403 (4th Cir. 2010) (affirms discretion to sanction for discovery misconduct)
Anderson v. Foundation for Advancement, Educ. & Employment of Am. Indians, 155 F.3d 500 (4th Cir. 1998) (multifactored test for dismissal with prejudice)
Shaffer Equipment Co. v. United States, 11 F.3d 450 (4th Cir. 1993) (factors for whether dismissal with prejudice is warranted)