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Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors
In FLUOR FEDERAL SOLUTIONS, LLC v. BAE SYSTEMS ORDNANCE SYSTEMS, INC., Case No. 7:19-cv-698 (W.D. VA, Feb. 7, 2023), Plaintiff sought sanctions against Defendant to recover the fees and costs of re-deposing five witnesses after Defendant produced approximately eighty thousand documents mistakenly withheld due to an e-discovery vendor error. This
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Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis
In MONARREZ v. WAL-MART STORES, INC., Case No. 2:21-cv-00431-ART-DJA (D. Nev., Feb. 22, 2023), before the court was Plaintiff’s motion for spoliation sanctions. Plaintiff argued Defendants failed to preserve the original version of the customer report incident, which would have been made on one of the Defendants’ iPads and failed
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Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation
In LAWRENCE O. ANSLEY v. SECRETARY JOHN E. WETZEL, et al., Civil Action No. 1:21-CV-528 (Jan. 5, 2023, M.D. PA), before the Court was Plaintiff’s motion for sanctions based on Defendants’ failure to preserve video footage. On March 23, 2021, Plaintiff filed his original complaint and alleged that Defendants conspired
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Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI
In WILSON v. HH SAVANNAH, LLC. TRS SAVANNAH, LLC., and HYATT CORP., No. CV420-217 (S.D. GA, July 28, 2022), before the court was Plaintiff’s request to present evidence to the jury concerning the loss of relevant ESI. Plaintiff alleged she slipped and fell while exiting a guestroom shower at a
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Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings
In UNITED STATES OF AMERICA, EX REL. MARGARARET MCGUINN v. THE J.L. GRAY COMPANY, ET. AL., No. 2:20-cv-31 KG/KRS (D. New Mexico, July 27, 2022), before the Court was Plaintiff’s Motion for Sanctions. Plaintiff alleged that Defendants made false claims to secure funding from the U.S. Department of Agriculture Rural
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Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e)
In PAULY v. STANFORD HEALTH CARE, Case No. 18-cv-05387-SI (N.D. Cal, Sept. 12, 2022), before the Court was Plaintiff’s objections to Magistrate Judge Hixson’s denial of Plaintiff’s motion for terminating sanctions against Defendant. Plaintiff filed her objection to Judge Hixson’s Report and Recommendation and objected to the following findings: “(1)
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Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse
In COOLEY v. TARGET CORPORATION ET AL., Civil No. 20-2152 (DWF/DTS) (D. Minn. Aug. 24, 2022), a case involving a copyright dispute, Plaintiff objected to the Magistrate Judge’s order dated June 10, 2022, that denied her Motion for Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse. As an
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Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive
In MEDIDATA SOLUTIONS, INC. ET AL. v. VEEVA SOLUTIONS, INC., N. 17 Civ. 589 (LSG) (S.D. NY, Sept. 22, 2021), before the Court was Plaintiffs’ spoliation sanctions in the form of an adverse inference. Plaintiffs claimed that Defendant spoliated evidence when Defendant failed to prevent one of its employees, Anthony
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Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction
In HAMRICK v. SPLASH TRANSPORT, INC., ET AL., No. 3:20-CV-00417-TRM-DCP (E.D. Tenn. Jan. 31, 2022), before the Court was Plaintiff’s Motion for Sanctions against Defendants. The action arose from a vehicular incident. Defendant Elmehalawy was the truck driver for Splash Transport, Inc. (“Splash”). Defendant James was the truck driver for
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Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions”
In LEWIS v. BURL CAIN, ET AL., Civil No. 15-318-SDD-RLB (M.D. Louisiana, April 2022), before the Court was Plaintiffs’ Motion for Discovery Sanctions. The basis for Plaintiffs’ motion was their request for production of “complete medical records” of 67 class members. Plaintiffs moved for Sanctions for two reasons: “(1) the