Plaintiff’s atty didn’t show up at scheduling conference; court told him to be on his best behavior from then on.  Plaintiff had not answered discovery.  Defendant sent 4 letters requesting it and threatened a motion to dismiss.  Defendant waited until 9 days after the deadline to file the MTD; Court granted it.  Plaintiff now decides he will provide discovery info and filed a motion for relief of judgment.  Appellate court said the district court was allowed to dismiss the case under Rule 37.  The appellate court added a new test to rule 37:  the willfulness, bad faith, and fault factors to dismissal of a suit.  (This is a TN case).