Related By Tag: failure to produce

California Interstate & International Depositions & Discovery Act

    CALIFORNIA CODE OF CIVIL PROCEDURE INTERSTATE AND INTERNATIONAL DEPOSITIONS AND DISCOVERY ACT SECTION 2029.100-2029.900 2029.200. In this article: (a) “Foreign jurisdiction” means either of the following: (1) A state other than this state. (2) A foreign nation. (b) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.[…Read More]

    How to Overcome Google’s Failure to Respond to Subpoenas

    Despite having an active litigation matter where discovery of Google Drive (formally Google Docs) or Gmail is needed to complete discovery, you may have recently received a notice from Google that says they will not respond to your subpoena unless it is served upon them in their local jurisdiction. This might have you and your[…Read More]

    Merck Eprova AG v. Gnosis SPA

    Court Grants Plaintiff’s Motion for Sanctions Due to Discovery Deficiencies 2010 U.S. Dist. LEXIS 38867 (S.D.N.Y. April 20, 2010) On plaintiff’s motion for sanctions due to discovery deficiencies, the Southern District of New York imposed a $25,000 fine on a litigant whose failure to properly install a litigation hold and conduct appropriate searches for relevant[…Read More]

    ADHI Parasakthi v. Township of W. Pikeland

    On an appeal from a town Zoning Board, the district court ordered the plaintiff to allow the defendant’s computer expert to inspect its computers for responsive emails not produced in the first round of discovery. The plaintiff sought a variance from the defendant’s zoning regulations in order to build a religious temple on a parcel[…Read More]

    In re A&M Florida Properties II, LLC

    Court Orders Monetary Sanctions for Failure to Produce Requested Emails in a Timely Manner 2010 Bankr. LEXIS 1217 (S.D.N.Y. Bankr. Ct. April 7, 2010) During the discovery phase of a suit alleging the breach of a purchase and sale contract, the Bankruptcy Court for the Southern District of New York ordered monetary sanctions against the[…Read More]

    CE Design Ltd. v. Cy’s Crabhouse North, Inc.

    Court Orders Supplelemtal Expert Report on New Hard Drive Evidence 2010 U. S. Dist. LEXIS 59000 (N.D. Ill. June 11, 2010) In a case involving an alleged violation of the Telephone Consumer Protection Act (TCPA) due to the use of an automated fax advertisement service, the Northern District of Illinois ordered the defendant’s computer expert[…Read More]

    Pinstripe, Inc. v. Manpower, Inc.

    On Oct. 25th, 2007, Pinstripe filed suit against Manpower, Inc. and IBM for breach of contract. Attorneys for Manpower immediately drafted a litigation hold, but in January 2009, in-house counsel the company had failed to issue the hold. Further investigation revealed that two employees may have deleted pertinent email data. Forensicon was hired to conduct[…Read More]

    Invision Media Communications, Inc. v. Federal Ins. Co.

    Sanctions Imposed Against Party Failing to Reasonably Produce Emails Upon Discovery Request 2004 WL 396037 (S.D.N.Y. 2004) In an action for breach of an insurance contract, the defendant moved for sanctions against the plaintiff for discovery misconduct. The allegations of misconduct against the plaintiff included making false statements regarding the location and existence of its[…Read More]