FRCP 37 – ILS

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August 11, 2017

Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order

In United States District Court, E.D., California case Bird v. Wells Fargo Bank, (Case No. 1:16-cv-01130-DAD-EPG), Plaintiff Kimberly Sue Bird (“Plaintiff”) has filed a motion to compel and for sanctions contending in part that Defendant Wells Fargo Bank (“Defendant”) failed to comply with the Court’s March 31, 2017 discovery order. Specifically, that order required that

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May 26, 2017

Willful Discovery Misconduct Results in Default Judgment in Successor Liability

Arrowhead Capital Finance, Ltd. v. Seven Arts Entertainment, Inc. et. al., Case No. 14-6512 (S.D.N.Y., May 2, 2017) is a successor liability case brought by Plaintiff, a lender, against Defendants, two related film companies that are the alleged successors to a loan obligation and subsequent judgment in favor of Plaintiff. Over a year into the

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April 3, 2017

Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business

ILWU-PMA Welfare Plan Board of Trustees et. al. v. Connecticut General Life Insurance Company et. al., Case No. 15-02965 (N.D. Cali., Jan. 24, 2017) is an ERISA action brought by Plaintiffs against Defendants based upon an arrangement by which Defendants provided Plaintiffs with auditing and discount negotiation services for claims over $1,000.00 provided by out-of-network

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March 24, 2017

Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case

In Alabama Aircraft Industries, Inc. et. al. v. The Boeing Company et. al., Case No. 11-03577 (N.D. Ala., Mar. 9, 2017), Plaintiffs sued Defendants for use of proprietary information to outbid Plaintiffs on a contracting project. Plaintiffs have performed programmed depot maintenance for the U.S. Air Force’s KC-135 Stratotanker fleet since 1969. In 2004, Plaintiffs

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December 30, 2016

Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors

Cohn et. al. v. Guaranteed Rate, Inc., Case No. 14-9369 (N.D. Ill., Dec. 8, 2016) involves a series of business torts. Plaintiff Cohn was hired by Defendant, which also purchased the assets of Cohn’s company, Plaintiff Manhattan Mortgage Company. Plaintiff executed an employment agreement prohibiting her from using or disclosing Defendant’s confidential information or from

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December 28, 2016

District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case

Smith v. District of Columbia, et. al., Case No. 15-161 (District of Columbia, Dec. 6, 2016) is a civil rights case brought by Plaintiff against the District and its Department of Corrections, as well as two corrections officers, for detaining Plaintiff unlawfully for 23 days after he was ordered to be released from police custody.

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December 12, 2016

District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents

In Huang v. Lin et. al., Case No. 14-7204 (E.D. N.Y., Nov. 23, 2016), Plaintiff, a former employee of Defendants, sued Defendants for wage and hour claims under the Fair Labor Standards Act. During discovery, Defendants produced documents purporting to be Plaintiff’s weekly pay stubs. Plaintiff, concerned that the documents were not authentic, served a

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October 19, 2016

Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge

Richard et. al. v. Inland Dredging Company, LLC, Case No. 15-0654 (W.D. La., Sept. 29, 2016) is a case filed by an injured crane operator, and his wife and child. The plaintiff worker fell from the crane due to gaps in the steps and lack of a handrail on the crane. During discovery, Plaintiffs

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October 17, 2016

Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found

In Palmer v. Allen, et. al., Case No. 14-12247 (E.D. Mich., Sept. 28, 2016), Plaintiff sued the police department for the city of Ecorse, Michigan, as well as police officers Allen and Trevino, after an incident during a traffic stop. Plaintiff was the passenger in a vehicle that was pulled over for driving without headlights,

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July 25, 2016

Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions

In G.P.P., Inc. v. Guardian Protection Products, Inc., Case No. 15-00321 (E.D. Cal, Jul. 7, 2016), a contract and business tort action related to a 1988 contract, the parties encountered engaged in several discovery disputes, including a dispute over possibly missing electronically stored information (ESI) held by Defendant’s employee Darin Lease. At deposition, Lease testified that