Defendants’ Discovery Failures Justify Monetary Sanctions and Reduction in Number of Depositions

The court granted plaintiff's motion for monetary sanctions, reduced the number of depositions available to defendants, and indicated it would close defendants' discovery for any further abuses. "Notwithstanding the amount of discovery that defendant did provide after [the court's prior order compelling discovery], among other failures, defendant failed to disclose requested material information about product redesign and pre-redesign products. Defendant also failed to provide requested material information over which it appears to have had joint control, but that at the least was easily accessible to it on request from [a third party], notwithstanding the court's order to defendant to use all of its leverage to obtain this information and defendant's confirmation that it would do so. As a result, it is ordered that defendant's number of non-30(b)(6) depositions is reduced from 10 to 9, and defendant shall pay plaintiff's reasonable costs in taking defendant's 30(b)(6) deposition and plaintiff's costs in making the instant motion. . . . It is further ordered that if the court [finds] that defendant has failed in a material way to meet its discovery obligations after [this order] then the court will close defendant's discovery in this case."

Cree, Inc. v. Kingbright Electronic Co., Ltd. et al, 3-14-cv-00621 (WIWD December 3, 2015, Order) (Crocker, M.J.)