FRCP37 – ILS

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November 11, 2016

Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI

In Friedman v. SThree PLC, et al., Civil No. 3:14CV00378(AWT) (D.Conn. October 24, 2016), Defendants expressed dissatisfaction with Plaintiff’s answers to discovery responses. After holding a conference with the court, the court issued an order requiring Plaintiff to conduct additional searches, to provide a certification as to the completeness of their discovery responses, to identify any

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October 31, 2016

Court Compels Defendant Employer to Produce Computers for Forensic Examination

In Davis v. Crescent Electric Company et. al., Case No. 12-5008 (D. S.D., Oct. 12, 2016), Plaintiff sued Defendants for discrimination, alleging that they discriminated against her because she was a woman by paying her less than her male counterparts, and also alleging that they retaliated against her when she complained about the problem. Throughout

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October 26, 2016

Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data

In First Financial Security, Inc. v. Freedom Equity Group, LLC, Case NO. 15-1893 (N.D. Cali., Oct. 7, 2016), Plaintiff sued Defendant for intentional interference with contractual relationships and violations of California’s Unfair Competition Law, alleging that Defendant induced 1,400 sales contractors to leave Plaintiff’s employ and join Defendant “en masse”. Particularly, Plaintiff’s former sales contractors

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July 18, 2016

Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a)

In XMission, L.C. v. Adknowledge, Inc., Case No. 15-277 (D. Utah, June 24, 2016), Plaintiff is an internet service provider that sued Defendant under the CAN-SPAM Act. At issue is over 100,000 emails. Before the completion of discovery, Plaintiff filed a Motion for Summary Judgment. In response, Defendant filed a Motion under FRCP 56(d) to

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June 27, 2016

Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata

In The Hawk Mountain, LLC et. al. v. Mirra, et. al., Case No. 13-2083 (D. Delaware, June 3, 2016), Plaintiffs subpoenaed a third party, McCaffrey, to obtain documents with respect to her alleged 2010 correspondence with Defendants, which correspondence related to issues in the case. No party or third party objected to the scope of the

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June 22, 2016

Court Holds Informal Requests Sufficient for Meet and Confer Requirement

Gade v. State Farm Mutual Automobile Insurance Co., Case No. 14-00048 (D. Vermont, June 6, 2016) is a personal injury case involving two motor vehicle accidents which occurred one year apart. Plaintiff sued Defendant after her uninsured/underinsured motorist benefits claims were denied. During discovery, Defendant deposed Plaintiff’s biomechanical expert, requesting the expert bring his files to

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June 3, 2016

Defendants and Counsel to Share Liability for Failing to Disclose a Server

In Rosehoff, Ltd. v. Truscott Terrace Holdings, LLC et. al., Case No. 14-277S (W.D.N.Y., May 10, 2016), Defendant’s failure to disclose a server led to joint liability for attorneys and clients. Plaintiff owns patents and trademarks with respect to an after-market fuel additive called Cataclean, and Defendants have asserted various property rights in the product,

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March 25, 2016

Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive

The Plaintiff in Core Laboratories LP v. Spectrum Tracer Services, LLC et. al., Case No. 11-1157 (W.D. Okla. Mar. 7, 2016) filed a Motion for Spoliation Sanctions against Defendants contending that, despite its duty to preserve evidence, Defendants intentionally destroyed relevant evidence relating to certain missing emails, deleted computer files, and wiped hard drives. Defendants

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February 26, 2016

Court Questions Defendants’ Claims That a Lightning Strike and Power Surge Destroyed Computer Hardware

In InternMatch, Inc. v. Nxtbigthing, LLC, et. al., Case No. 14-05438 (N.D. Cali., Feb. 8, 2016), Plaintiff sued Defendants for trademark infringement, alleging that Defendants fraudulently obtained registration of the trademark INTERNMATCH. Before filing suit, Plaintiff notified Defendants of its asserted rights to the trademark; Plaintiff filed suit nearly a year later. The corporate defendant filed a countersuit. During

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January 18, 2016

NYC Fined Spoliation Sanctions for Gross Negligence in Failure to Preserve ESI

The Southern District of New York recently imposed spoliation sanctions after holding that New York City negligently destroyed documents in a civil rights case. In Stinson et. al. v. City of New York et. al., Case No. 10-4228 (S.D. N.Y., Jan. 2, 2016), Plaintiffs sued Defendants NYC, various NYPD officers, and a former NYPD commissioner