Tag: Motion for Sanctions

1
Dean v. Priceline.com, Inc., 2002 WL 34155897 (D. Conn. Sept. 10, 2002)
2
Jackson v. Microsoft Corp., 211 F.R.D. 423 (W.D. Wash. 2002)
3
Wilson v. Sundstrand Corp., 2003 WL 21961359 (N.D. Ill. Aug. 18, 2003)
4
ABC Health Servs., Inc. v. IBM Corp., 158 F.R.D. 180 (S.D. Ga. 1994)
5
Black & Veatch Int’l Co. v. Foster Wheeler Energy Corp., 211 F.R.D. 641 (D. Kan. 2002)
6
MPCT Solutions Corp. v. Methe, 1999 WL 495115 (N.D. Ill. July 2, 1999)
7
In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004
8
Rambus, Inc. v. Infineon Tech. AG, 222 F.R.D. 280 (E.D. Va. 2004)
9
Jimenez v. Madison Area Technical Coll., 321 F.3d 652 (7th Cir. 2003)
10
Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D. Ill. Nov. 30, 2004)

Dean v. Priceline.com, Inc., 2002 WL 34155897 (D. Conn. Sept. 10, 2002)

Key Insight: Court ordered defendant to produce to plaintiff information in the possession of a third party storage facility, with each side paying one-half of the charges billed by the third party for retrieving the information; court further ruled that the prevailing party would be entitled to recover from the losing party its share of the costs associated with retrieval of the information

Nature of Case: FLSA claim

Electronic Data Involved: Electronic documents

Jackson v. Microsoft Corp., 211 F.R.D. 423 (W.D. Wash. 2002)

Key Insight: Plaintiff’s misconduct and discovery abuse (including obtaining email and proprietary information of employer, paying for such material, copying and using material to prepare case, and engaging in elaborate series of lies during depositions and evidentiary hearings re same) warranted dismissal with prejudice

Nature of Case: Employment discrimination

Electronic Data Involved: CDs and laptop computer hard drive

Wilson v. Sundstrand Corp., 2003 WL 21961359 (N.D. Ill. Aug. 18, 2003)

Key Insight: As sanction for discovery abuse and tardy production of “smoking gun” email, court precluded defendant from opposing the admission in evidence of various emails and records, and ordered defendant to pay plaintiffs’ reasonable attorneys’ fees incurred in connection with motion and related discovery

Nature of Case: Airline crash litigation

Electronic Data Involved: Email

ABC Health Servs., Inc. v. IBM Corp., 158 F.R.D. 180 (S.D. Ga. 1994)

Key Insight: Court denied plaintiff?s motion to dismiss IBM’s counterclaims as sanction for deletion of computer files, since erasure was done before suit was filed and did not amount to willful or bad faith disregard of discovery order or discovery request; court indicated that a jury instruction regarding destruction of documents may be an appropriate lesser sanction

Nature of Case: Breach of contract for development of software

Electronic Data Involved: Computer files containing both project-related documents and purely personal documents

Black & Veatch Int’l Co. v. Foster Wheeler Energy Corp., 211 F.R.D. 641 (D. Kan. 2002)

Key Insight: Plaintiff failed to comply with court order by making various misrepresentations about whether all original input files were produced and whether software program changed over time it was used; sanction in form of attorneys’ fees and costs warranted

Nature of Case: Construction litigation

Electronic Data Involved: Software program and input files used to make design calculations

MPCT Solutions Corp. v. Methe, 1999 WL 495115 (N.D. Ill. July 2, 1999)

Key Insight: Sanctions in form of preliminary injunction preventing defendant from contacting MPCT clients granted, after defendant violated preservation order by deleting documents from laptop and defragmenting hard drive, thus preventing the recovery of deleted data

Nature of Case: Enforcement of non-competition agreement

Electronic Data Involved: Electronic documents stored on laptop

In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004

Key Insight: Where defendant acted in good faith in printing and delivering to his counsel a copy of his computerized general ledger, but counsel failed to disclose it until the eve of trial, court denied plaintiff’s request for discovery sanction precluding introduction of general ledger at trial, but awarded monetary sanctions against defense counsel

Nature of Case: Adversary proceeding in bankruptcy court

Electronic Data Involved: Printout from computerized general ledger

Rambus, Inc. v. Infineon Tech. AG, 222 F.R.D. 280 (E.D. Va. 2004)

Key Insight: Based on in camera review, court granted defendant’s motion to compel based on the crime/fraud exception to the attorney-client privilege, ordered production of other documents on same subject matter and further ruled that discovery would be allowed regarding documents produced and on the issue of sanctions

Nature of Case: Patent infringement

Electronic Data Involved: Email, backup tapes

Jimenez v. Madison Area Technical Coll., 321 F.3d 652 (7th Cir. 2003)

Key Insight: No abuse of discretion to dismiss suit with prejudice and impose sanctions against plaintiff under Rule 11, where it was determined that plaintiff had relied on falsified email and letters to support her discrimination claims

Nature of Case: Employment discrimination based on race, sex and ethnic origin

Electronic Data Involved: Email

Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D. Ill. Nov. 30, 2004)

Key Insight: Court ordered nonparty to comply with subpoenas seeking electronic records, imposing monetary sanctions for nonparty’s unsupported argument that bankruptcy court’s automatic stay prevented it from having to comply with the subpoenas and ordering nonparty and plaintiff to meet and confer on means for compliance

Nature of Case: Copyright infringement

Electronic Data Involved: Electronic records, including email

Copyright © 2022, K&L Gates LLP. All Rights Reserved.