Tuesday, January 26, 2010

Late Production of Financial Data Warrants Issue, Evidentiary & Monetary Sanctions

The magistrate judge recommended granting in part defendant's motion for issue, evidentiary, and monetary sanctions by (i) precluding plaintiff from claiming damages for four products (ii) precluding plaintiff from relying on financial data and other documents produced on and after the last day of discovery, and (iii) requiring plaintiff to pay defendant's costs and fees associated with the motion for sanctions and certain additional discovery. "'If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes.' Counsel continue to fail themselves, fail this Court, and fail their clients by treating the discovery process as a forum for gamesmanship, spiteful rhetoric, and the proliferation of unnecessary paper."

Carl Zeiss Vision International GMBH et al. v. Signet Armorlite Inc., 3-07-cv-00894 (CASD January 21, 2010, Report & Recommendation) (Porter, M.J.)

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