Archive: March 2, 2005

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Magistrate Recommends Combination of Remedial Measures for “Excruciatingly Slow and Disjointed Disclosure of Documents”

Magistrate Recommends Combination of Remedial Measures for “Excruciatingly Slow and Disjointed Disclosure of Documents”

Lava Trading, Inc. v. Hartford Fire Ins. Co., 2005 WL 459267 (S.D.N.Y. Feb. 24, 2005)

At the conclusion of discovery, defendant moved for the imposition of sanctions on plaintiff, contending that plaintiff had systematically ignored its discovery obligations under the Federal Rules of Civil Procedure, violated a series of court orders directing it to produce documents within specified deadlines, and irremediably prejudiced defendant’s ability to prepare its case. Defendant sought dismissal of the complaint, or, in the alternative, an order (1) precluding plaintiff from presenting evidence on a series of specific topics, (2) authorizing defendant to place in evidence a quantity of emails produced in an untimely fashion by plaintiff and (3) requiring plaintiff to reimburse defendant for the costs of one deposition session and its current motion. Read More

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