Wednesday, August 10, 2011

Defense Counsel's Forged Email Confirms Non-Compliance With Multiple Discovery Orders And Warrants Terminating Sanctions

The court granted plaintiff's renewed motion to strike defendant's answer and enter default for failing to comply with court orders after defense counsel's fraudulent claim that he had emailed plaintiff's counsel regarding discovery. "[T]he Court is now convinced that the email was fraudulent. This is particularly evident from the information provided by [the host of defense counsel's email account] that the email was never sent by [defense counsel]. . . . The Court does not have sufficient evidence to determine whether or not [defendant] knew about and/or supported [defense counsel's] efforts to forge the email. Nevertheless, because the Court now knows the email was fraudulent . . . the Court can conclude that [defendant] willfully violated the Court's Discovery Order."

FURminator, Inc. v. PetVac Group, LLC, 2-08-cv-00338 (TXED August 5, 2011, Order) (Ward, J.)

No comments: