Archive: June 6, 2005

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Navy Required to Query Database for Production of Relevant Data
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Use of Evidence Eliminator Results in Default Judgment Recommendation and Award of $145,811.75 in Expenses and Costs

Navy Required to Query Database for Production of Relevant Data

Jinks-Umstead v. England, 227 F.R.D. 143 (D.D.C. 2005)

Plaintiff, a Contracting Officer, claimed that decisions by the Navy to reduce staffing and remove her supervisory status were in violation of Title VII of the Civil Rights Act. The Navy responded that its actions were prompted by legitimate business reasons. A new trial had been ordered, partly because the Navy produced work in place (“WIP”) reports in the middle of the trial despite earlier representations that reports were not available. These reports might show whether staffing changes were appropriately justified. Plaintiff filed four post-trial discovery motions. All were denied, other than the motion to compel the Navy to supplement initial disclosures and responses to requests for production, which was granted in part. Read More

Use of Evidence Eliminator Results in Default Judgment Recommendation and Award of $145,811.75 in Expenses and Costs

Communications Center, Inc. v. Matthew Hewitt, et al., Civil No. S-03-1968 WBS KJM (E. D. Cal. Apr. 5, 2005)

In this case, where plaintiff alleged multiple causes of action, the court ordered defendant to provide mirror images of any hard drives in defendant’s possession that contained documents responsive to plaintiff’s requests for production. Documents were to be designated “Attorney’s Eyes Only” and subject to protective order. Defense counsel indicated that nothing would be withheld. Nevertheless, electronic evidence was destroyed and plaintiff filed a motion for sanctions. Read More

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