Wednesday, November 5, 2014

Failure to Comply with Discovery Order Warrants Terminating Sanctions

The court found defendants in contempt of the court's discovery order and entered default against them on plaintiff's infringement claims and determined that lesser sanctions would be ineffective. "Defendants’ submissions to this Court do not evidence that they believe that they are in compliance, but rather that they, not this Court, know what should be required to be produced and how it should be provided to opposing counsel. This flagrant refusal to comply with an Order that [defense counsel] concedes was 'crystal clear,' is disrespectful to this Court and fellow Judges of the United States District Court for the Western District of Pennsylvania. . . . [Defendants] have consciously and willfully chosen to defy the Court’s Orders in order to delay this litigation, attempt to obtain some tactical advantage, or for some other unknown reason. Defendants’ production of initial disclosures, including source code, is a requirement of this Court’s Orders, not a bargaining chip to be used against Plaintiff. . . . [M]onetary or other similar sanctions would not prompt Defendants to produce the required information or adequately account for or correct the prejudice caused to Plaintiff. . . . [M]ore serious sanctions must be considered because lesser sanctions would be ineffective and Defendants’ conduct can no longer be countenanced."

Drone Technologies, Inc. v. Parrot SA et al, 2-14-cv-00111 (PAWD November 3, 2014, Order) (Schwab, J.)

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