Tag: Lack of Cooperation / Inaccurate Representations

1
Advantacare Health Partners, LP v. Access IV, 2004 WL 1837997 (N.D. Cal. Aug. 17, 2004)
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Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)
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Cumis Ins. Co. v. Diebold, Inc., 2004 WL 1126173 (E.D. Pa. May 20, 2004)
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Uncle Henry’s Inc. v. Plaut Consulting, Inc., 2002 WL 31833139 (D. Me. Dec. 17, 2002)

Advantacare Health Partners, LP v. Access IV, 2004 WL 1837997 (N.D. Cal. Aug. 17, 2004)

Key Insight: Court denied motion for default judgment but granted motion for an adverse inference instruction and $20,000 in monetary sanctions where, in advance of court-ordered inspection, defendants deleted from their computers numerous electronic files which had been copied from former employer’s computer systems prior to their resignations, and, after the inspection, defendants failed to comply with court’s order that they delete all of plaintiffs’ files from their computers

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Proprietary information in electronic form

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

Cumis Ins. Co. v. Diebold, Inc., 2004 WL 1126173 (E.D. Pa. May 20, 2004)

Key Insight: Court ordered defendant to respond to document requests by searching its electronic storage devices and electronic data compilations; plaintiff convinced court that defendant may not have satisfied its discovery obligations by showing that responsive Diebold documents and emails had been obtained from other sources, but had yet to be produced by Diebold itself

Nature of Case: Insurance coverage

Electronic Data Involved: Emails

Uncle Henry’s Inc. v. Plaut Consulting, Inc., 2002 WL 31833139 (D. Me. Dec. 17, 2002)

Key Insight: Court rejected plaintiff’s motion to reconsider recommended decision on summary judgment and motion to supplement the record with additional electronic materials (including email) obtained from belatedly produced zip disk, since plaintiff failed to seek a continuance under Rule 56(f) and proffer came two months after receipt of electronic media and was therefore tardy

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents and email stored on “zip” disk

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