Archive: August 11, 2009

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Third Parties Held in Contempt for Failure to Obey Court Order, Including Using Computer Following Instructions that “They May Not Touch the Computers Except to Turn Them Off” Prior To Production

Third Parties Held in Contempt for Failure to Obey Court Order, Including Using Computer Following Instructions that “They May Not Touch the Computers Except to Turn Them Off” Prior To Production

Sonomedica, Inc. v. Mohler, 2009 WL 2371507 (E.D. Va. July 28, 2009)

In this case, the court adopted the recommendation of the magistrate judge and found third parties in contempt for violation of the court’s orders, including the spoliation of electronically stored information on hard drives they were ordered to produce, and ordered them to pay plaintiff’s attorney’s fees and costs in the amount of $108,212.15 and for the case to be referred to the United States Attorney for investigation of possible criminal sanctions.

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