Caron, et. al. v. Quickutz Inc., 2-09-cv-02600 (AZD November 13, 2012, Order) (Wake, J.).
Thursday, November 15, 2012
Discovery Abuses Warrant Terminating Sanctions
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."