Tilton v. McGraw-Hill Cos., Inc., 2007 WL 3229157 (W.D. Wash. Oct. 30, 2007)

Key Insight: Where defendants had not shown that plaintiff’s initial disclosures or discovery responses were incomplete or incorrect and parties were not subject to any court order requiring them to produce documents created after the discovery deadline, and applicable legal authority was scant and fairly debatable, court declined to decide whether plaintiff was required to produce emails created after the close of discovery and ruled that plaintiff?s conduct was not sanctionable

Nature of Case: Plaintiff sued publisher alleging breach of a promise to keep his name and employer confidential

Electronic Data Involved: Email created after close of discovery