Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc., et. al., 0-09-cv-01091 (MND September 6, 2012, Order) (Mayeron, M.J.).
Monday, September 10, 2012
Defendant Sanctioned for Document Dump has “Chutzpa” to Blame Plaintiff for Reviewing Documents too Slowly
The court awarded plaintiff discovery sanctions and rejected defendant's objection that plaintiff reviewed defendant's document production too slowly. "[Defendant] produced [44,000] pages of documents that this Court previously found constituted a 'document dump.' When [defendant] objected that it could not understand why [plaintiff] thought the documents were non-responsive, [plaintiff] created the 1,300 [page] spreadsheet detailing why it believed the documents were non-responsive. Now, [defendant] is essentially complaining that [plaintiff] took too much time to figure out why [defendant's] production was, in fact, a document dump. [Defendant's] argument can only be characterized as sheer 'chutzpah.'. . . ‘The “classic definition” of chutzpa [is:] “that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan.”’”