Court Orders Defendant to Restore One-Fourth of Its Backup Tapes, at Defendant’s Expense, Given Gaps in Production
AAB Joint Venture v. United States, 75 Fed. Cl. 432 (Fed. Cl. 2007)
In this construction litigation involving claims for additional compensation based on differing site conditions, plaintiff moved to compel discovery. Plaintiff noted that defendant had identified in its discovery responses numerous individuals who were active in the review of the project design, and who were known to have generated email related to the subject matter of the litigation. However, defendant had produced few if any emails from these individuals, and for the six individuals for whom emails were produced, there were gaps in the production.