Archive: December 11, 2006

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Court Sets Hearing for Plaintiff to Show Cause Why Complaint Should Not Be Dismissed With Prejudice as Sanction for Discovery Misconduct

Court Sets Hearing for Plaintiff to Show Cause Why Complaint Should Not Be Dismissed With Prejudice as Sanction for Discovery Misconduct

Exact Software N. Am., Inc. v. Infocon, Inc., 2006 WL 3499992 (N.D. Ohio Dec. 5, 2006)

In this decision, the court concluded that plaintiff’s “persistent and egregious noncompliance with a series of discovery orders” fully warranted severe sanctions, including dismissal of its complaint and entry of default on defendant’s counterclaims. Among other failings, the court noted that plaintiff’s search for documents from its document storage and retrieval system was largely unproductive, and that plaintiff’s counsel had attributed the lack of success to defects in the keywords provided by defendant. The court rejected this attempt to shift blame:
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