In this alleged click-fraud case, the court concluded that a forensic inspection of the defendant’s devices was proportional to the needs of the case.
On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.
The court rejected a party’s argument that his opponent’s shortcomings justified his own deficient discovery responses as a “playground tantrum.”
Citing FRCP 34 regarding the form of production, the court ordered a party to re-produce emails in native format rather than as searchable PDFs.
The plaintiff stated that he “will produce” responsive discovery when it is available; the court ordered him to supplement this inadequate response.
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.