Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Keywords: judges, superimposed, fraudulent
Key Insight: Discovery gamesmanship. The Court expects full and open discovery.
Nature of Case: trade secrets dispute
Electronic Data Involved: discovery in general
Keywords: Kumbaya, acerbic shrillness, truth is like the sun, Rambo tactics
Key Insight: How far does court’s discretion on discovery sanctions extend when it comes to dismissing a suit with prejudice?
Nature of Case: Employee medical benefits litigation
Keywords: Discovery sanctions, dismissal, Failure to comply, dismissal with prejudice
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations
Nature of Case: Driver’s Privacy Protection Act violation
Electronic Data Involved: e-mails
Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”
Key Insight: Fabricated evidence justified sanction of dismissing case
Nature of Case: fraud, breach of contract
Electronic Data Involved: archived email
Keywords: spoliation, closely held corporation, fabricated emails
Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.
Nature of Case: 1983 Civil Rights Act claim
Electronic Data Involved: unspecified ESI
Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”
Identified Local Court Rule(s): E.D. Cal. R. 251(b)
Key Insight: discovery misconduct sanctions
Nature of Case: breach of contract
Electronic Data Involved: electronic documents
Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion
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