D. 1. c. ii.: Plaintiff’s Delay In Turning Over His Listserv Post This case easily could have been resolved on a motion to dismiss had Plaintiff disclosed the

D. 1. c. ii.: Plaintiff’s Delay In Turning Over His Listserv Post This case easily could have been resolved on a motion to dismiss had Plaintiff disclosed the content of his listserv post at the outset. By withholding disclosure of this information until August 2010 (see RW Mot., Farrell Decl. 2), Plaintiff substantially prolonged this litigation.