Wednesday, December 17, 2008

Spoliation by one defendant warrants sanctions against all defendants

The court rejected defendants' argument that sanctions should not be imposed on two of three defendants. "Plaintiffs submitted evidence . . . showing that [two defendants] controlled [the third defendant] with regard to certain of the accused websites. Moreover, discovery requests were directed at all defendants, and regardless of whether [two defendants] were involved in the spoliation of the source code, all defendants had an obligation to produce responsive documents, and all defendants – who were represented by the same counsel – had a duty to candidly inform plaintiffs and the Court regarding defendants’ compliance with discovery obligations and discovery orders."

Keithley v. The Home Store.Com, Inc., 3-03-cv-04447 (CAND December 15, 2008, Order)

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