Archive: June 15, 2006

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Insufficient Diligence in Planning and Executing Search for Responsive Documents Warrants Monetary Sanctions, but not Default Judgment
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Court Directs Plaintiff to Provide a Table of Contents or Index for Imaged Documents Produced on CD

Insufficient Diligence in Planning and Executing Search for Responsive Documents Warrants Monetary Sanctions, but not Default Judgment

Cardenas v. Dorel Juvenile Group, Inc., 2006 WL 1537394 (D. Kan. June 1, 2006)

In this product liability action involving a Touriva child safety seat, plaintiffs sought sanctions against the defendant pursuant to Rule 37 for various claimed discovery abuses. Among other things, plaintiffs argued that DJG had attempted to conceal a crucial and damaging document known as “CEA 416.” (Plaintiffs explained that “CEA” was an acronym for a “Capital Expenditure Authorization” and was a DJG form which provided a description and justification for a design modification made during the life of a product.) Plaintiffs asked the court to strike DJG’s Answer and preclude DJG from pursuing any of its affirmative defenses in this matter, which would effectively result in the entry of default judgment against DJG. Read More

Court Directs Plaintiff to Provide a Table of Contents or Index for Imaged Documents Produced on CD

Residential Constructors, LLC v. Ace Prop. & Cas. Ins. Co., 2006 WL 1582122 (D. Nev. June 5, 2006)

In this insurance coverage case, defendant had earlier moved to compel the production of documents by plaintiff. Plaintiff responded that it had taken several months to gather the voluminous documents and review them for privileged materials, and finally made available “41 large-sized boxes” of documents for inspection. By agreement of the parties, the documents were digitally imaged and then burned to CD for production. Plaintiff represented that the documents were imaged in the same order as they existed in hard copy, and were numbered in continuous order as found in the boxes. However, plaintiff did not provide any table of contents or index for the imaged materials. Read More

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