Port-a-Pour, Inc. v. Peak Innovations, Inc. et al, 1-13-cv-01511 (COD April 17, 2014, Order) (Boland, M.J.)
Monday, April 28, 2014
Abusive Discovery Tactics Necessitate Client Certification and Presence at Future Hearings
After finding that counsel had engaged in abusive discovery tactics, the court ordered the parties' to obtain their clients' consent before proceeding with any further discovery motions. "Counsel have been engaged in discovery abuse and abusive litigation practices, and I will not tolerate it. . . . [B]efore filing a motion or brief, the lawyers must meet with their clients . . . and obtain their clients’ direction to proceed. All discovery motions and briefs filed in connection with discovery matters must contain a certificate that . . . the client expressly directs that the action be taken. . . . Each client involved in a discovery dispute must appear in person at any hearing concerning the dispute. In the case of a corporate client, the president or chief executive officer must attend. . . . In the event I award a monetary sanction in connection with the discovery dispute, I will award it against the client in view of the certificate that the client directed that the action be taken."