Archive: August 4, 2010

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Court Orders Dismissal as Sanction for Egregious Discovery Violations
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Court Approves Order for Preservation of Documents and Tangible Things in Toyota Litigation

Court Orders Dismissal as Sanction for Egregious Discovery Violations

Aliki Foods, LLC v. Otter Valley Foods, Inc., 726 F. Supp. 2d 159 (D. Conn. 2010)

Defendant moved to dismiss plaintiff’s claims as a sanction for discovery violations.  Finding that plaintiff “acted willfully and in bad faith in repeatedly violating its discovery obligations and [the] Court’s orders”, including failing to timely respond to discovery despite a court order to do so and defying a court order to allow forensic examination of certain hard drives by giving its computers away without first searching them, the court granted defendant’s motion.

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Court Approves Order for Preservation of Documents and Tangible Things in Toyota Litigation

In re Toyota Motor Corp. Unintended Acceleration Mktg., Sales Practices, and Prods. Liab. Litig., 2010 WL 2901798 (C.D. Cal. July 20, 2010)

On July 20, 2010, the District Court entered an Order for the Preservation of Documents and Tangible Things which was submitted by the parties.  The order, which addresses only the preservation of documents and not relevance, discoverability, or admissibility, includes sections entitled:  “Documents and Tangible Items Required to be Preserved”, “Documents Not Required to be Preserved”, “Permissible Modifications and Alterations of Documents”, and “Implementation and Modification of Order”.  Additionally, an attachment to the order provides a lengthy (though not exhaustive) list of items to be retained.

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