Archive: February 6, 2006

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Magistrate Imposes Discovery Sanctions of $102,079 Against Law Firm for Interference with Third Party Deposition; Recounts Electronic Discovery Disputes
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Court Orders Production of Payroll and Timekeeping Records in Electronic Form, Rejecting Hard Copy Production

Magistrate Imposes Discovery Sanctions of $102,079 Against Law Firm for Interference with Third Party Deposition; Recounts Electronic Discovery Disputes

E & J Gallo Winery v. Encana Energy Servs., Inc., 2005 WL 3709885 (E.D. Cal. July 5, 2005)

In this action alleging natural gas price fixing, plaintiff sought severe sanctions against certain defendants and their counsel for taking actions which plaintiff claimed resulted in the cancellation of a third-party witness deposition set by plaintiff. The magistrate ultimately rejected the heavy sanctions requested by Gallo, finding that a further monetary sanction against the defendants’ law firm was in order. It imposed a $102,078.97 sanction against Gibson, Dunn & Crutcher, with $92,078.97 to be paid to Gallo to defray its fees and expenses to pursue the sanctions motion, and $10,000 to be paid to the court. Read More

Court Orders Production of Payroll and Timekeeping Records in Electronic Form, Rejecting Hard Copy Production

Gilliam v. Addicts Rehab. Ctr. Fund, Inc., 2006 WL 228874 (S.D.N.Y. Jan. 26, 2006)

In this class action alleging violations of the Fair Labor Standards Act, defendants identified 148 compact discs containing information responsive to plaintiffs’ requests for certain records. The discs contained payroll and timekeeping records for approximately 150 employees, and also contained personal information, including health, credit, and family information about those employees. Read More

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