Wednesday, April 21, 2010

"Unjustified Delay, Inexcusable Conduct, and Bad Faith" During Discovery Warrants "Serious" Sanction Requiring Plaintiff to Produce All Items Listed

The court sanctioned plaintiff for "unjustified delay, inexcusable conduct, and bad faith" in discovery by ordering production of all of the documents listed in plaintiff's privilege log. "The efforts of the plaintiff . . . to delay and obstruct the discovery of non-privileged and non-work-product documents that appear on the various privilege logs reads like a short book. Unfortunately, the facts present a non-fiction story instead of a fairy-tale. The only thing fictional was [plaintiff's] assertion in its pleadings that it was complying with the Civil Rules. . . . The Court finds that the unjustified delay, inexcusable conduct, and bad faith by [plaintiff] compels the serious sanction of requiring the production of all [1,553] items on the February 2010 privilege log. There is no lesser sanction that will address the misconduct of [plaintiff]."

Digital-Vending Services International, Inc. v. The University of Phoenix, Inc. et al., 2-09-cv-00555 (VAED April 16, 2010, Order) (Miller, J.)

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