Home Gambling Network, Inc. v. Piche, No. 2:05-cv-00610-DAE-VCF, 2013 WL 5491952 (D. Nev. Sep. 30, 2013)

Key Insight: District court adopted magistrate judge?s report and recommendation that plaintiffs? motion for terminating sanctions, based in part on defendants? botched production of database, be denied in light of additional evidence (consisting of supplemental report by defense expert stating that database was not corrupt but merely ?offline,? expert testimony and in-court demonstration of operation of database, and information regarding a prior database crash) presented by the parties after the district court vacated different magistrate judge’s report and recommendation that plaintiffs? motion for terminating sanctions be granted, that defendants? answer be stricken and that a default judgment be entered against defendants; in light of additional evidence, magistrate judge found that (1) defendants did produce a mirror image of the database as ordered by the court and there was no basis for sanctions, and (2) something done to plaintiffs’ copy of the database after it was provided to plaintiffs caused the error message

Nature of Case: Patent infringement and various state-law claims

Electronic Data Involved: ESI, database