Archive: September 5, 2005

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Court Imposes Sanctions and Allows Re-deposition of Witnesses Due to Belated Production of Email

Court Imposes Sanctions and Allows Re-deposition of Witnesses Due to Belated Production of Email

Tracy v. Financial Insurance Management Corp., 2005 WL 2100261 (S.D.Ind. Aug. 22, 2005)

Justin Tracy (“Tracy”) filed a Motion for Sanctions under Rule 37 and Other Relief in a case involving allegations of Americans with Disabilities Act and Employee Retirement Income Security Act violations. Tracy claimed that Financial Insurance Management Corporation (“FIMC”) had interfered with the discovery process by producing email at the eleventh hour after the deposition of key witnesses had commenced. The motion, which also sought relief for other alleged discovery violations, was granted in part and denied in part. Read More

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