The court granted defendant's motion for terminating sanctions based on plaintiffs' discovery abuses. "This case is nearly three years old. Plaintiffs have delayed production and/or failed to preserve evidence essential for fair adjudication. Although public policy favors disposition of cases on their merits, doing so here would require re-opening discovery. . . . Further, any sanction short of dismissal, such as excluding Plaintiffs’ evidence regarding the date of conception of the [patent-in-suit], would eliminate any possibility of Plaintiffs succeeding at trial. Moreover, Plaintiffs’ pattern of deception and discovery abuse make it impossible to conduct a trial with any reasonable assurance that the truth will be available."
Caron, et. al. v. Quickutz Inc., 2-09-cv-02600 (AZD November 13, 2012, Order) (Wake, J.).