Archive: May 26, 2006

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Late Production of Electronic Documents Amounts to “Gross Negligence,” and Warrants Monetary Sanctions Against Defendants and Counsel

Late Production of Electronic Documents Amounts to “Gross Negligence,” and Warrants Monetary Sanctions Against Defendants and Counsel

Phoenix Four, Inc. v. Strategic Res. Corp., 2006 WL 1409413 (S.D.N.Y. May 23, 2006)

In this opinion, the court ruled on plaintiff’s motion for sanctions against certain defendants and their counsel Mound Cotton Wollan & Greengrass (“Mound Cotton”) for destruction and late production of evidence. Plaintiff requested: (1) an adverse inference instruction; (2) that defendants be precluded from making a summary judgment motion; (3) that defendants be precluded from raising certain claims and defenses, submitting any dispositive motions or asserting any defenses that cite to, or rely on, information contained in the recently retrieved documents, and that they be deemed to have admitted certain facts; (4) monetary sanctions; and (5) any other sanctions deemed appropriate. The court granted monetary sanctions only. Read More

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