Monday, March 28, 2011

Repeated Failure to Comply With Discovery Obligations Warrants Terminating and Evidentiary Sanctions

The magistrate judge recommended that default be entered against one counterclaim defendant and that the burden of proof on secondary considerations be switched against the remaining affiliated counterclaim defendant if discovery was not produced in 20 days. "[A]lthough [the remaining defendant] contends that it cannot compel [the defaulting defendant] to produce ordered documents, the willful non-disclosure on the part of [the defaulting defendant] benefits [the remaining defendant] directly by ensuring that [counterclaim plaintiff] does not obtain documents which could enable it to establish its defenses."

Shindler Elevator Corp. v. Otis Elevator Co.
, 2-09-cv-00560 (NJD March 24, 2011, Order) (Dickson, M.J.)

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