Archive: July 26, 2006

1
Court Denies Motion to Dismiss Complaint as Discovery Sanction, Finding No Willful Disregard or Bad Faith
2
Court Denies Motion to Compel Plaintiff to Correlate Information Produced Electronically to Particular Document Requests
3
Plaintiff’s Intentional and Bad Faith Discovery Misconduct Warrants Dismissal of Complaint

Court Denies Motion to Dismiss Complaint as Discovery Sanction, Finding No Willful Disregard or Bad Faith

Gen. Med., PC v. Morning View Care Ctrs., 2006 WL 2045890 (S.D. Ohio July 20, 2006)

Plaintiff’s complaint alleged claims for breach of contract and tortious interference arising out of a contract for General Medicine to provide medical care at six of Morning View’s residential health care facilities. In this opinion, the district court adopted the magistrate’s Report and Recommendation that defendant’s motion to dismiss complaint as a discovery sanction be denied. Read More

Court Denies Motion to Compel Plaintiff to Correlate Information Produced Electronically to Particular Document Requests

Eastman Kodak Co. v. Sony Corp., 2006 WL 2039968 (W.D.N.Y. July 20, 2006)

In this case, the special master issued a Report and Recommendation recommending, inter alia, that Sony’s motion to compel Kodak to more specifically correlate information produced electronically via a computer server, CD-Roms and DVDs, to Sony’s document requests be denied. Sony objected to the Report and asked the court to direct Kodak to produce the documents in the form requested by Sony, or, in the alternative to produce documents in the form requested for certain of the more narrow document requests. Sony argued that if the Special Master’s Report and Recommendation were allowed to stand, it would be deprived of due process because it would be virtually impossible to find relevant documents "hidden" in the electronic equivalent of approximately 300 million pages of produced documents. Read More

Plaintiff’s Intentional and Bad Faith Discovery Misconduct Warrants Dismissal of Complaint

Covucci v. Keane Consulting Group, Inc., 2006 WL 2004215 (Mass. Super. Ct. May 31, 2006)

In this age discrimination case, defendants moved to dismiss the complaint as a sanction for the intentional spoliation of material evidence by plaintiff Covucci. After conducting a hearing and taking testimony from Covucci, the court found that defendants had proved by clear and convincing evidence that plaintiff intentionally and in bad faith engaged in a pattern of conduct that encompassed the destruction of evidence relating to the creation of an email that was the central document in the case, provided false and misleading testimony at his deposition and at the evidentiary hearing, and that his conduct was calculated to interfere with the judicial system’s ability impartially to adjudicate the case. The court further found that the plaintiff’s misconduct had prejudiced the defendants in their ability to defend against these claims and that dismissal of the complaint was warranted. Read More

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