Withholding Documents Concerning Plaintiff's Standing Warrants $335,000 Sanction

Following the court's dismissal of plaintiff's claims on the basis of lack of standing, the court awarded defendant $335,000 in fees and costs incurred litigating the standing issue as a sanction for withholding documents relevant to that issue. "Plaintiffs repeatedly withheld documents from Defendant and the Court without sufficient explanation, and all of the withheld documents were relevant to Plaintiffs’ standing in this case. . . . The repetitive nature of Plaintiffs’ conduct, combined with the documents’ direct relevance to the standing issue, warrants a finding of willfulness. Plaintiffs’ conduct also delayed Defendant’s investigation into Plaintiffs’ standing and the overall progress of this case, which warrants a finding of bad faith."

Carl Zeiss Vision International GmbH et al v. Signet Armorlite Inc., 3-07-cv-00894
(CASD September 9, 2009, Order) (Sabraw, J.)