discovery
Court finds forensic inspection relevant and proportional
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.
Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process
On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.
Doctrine of unclean hands has ‘no place’ in discovery analysis
The court rejected a party’s argument that his opponent’s shortcomings justified his own deficient discovery responses as a “playground tantrum.”
PDF production ‘not unreasonable,’ but also not ‘unduly burdensome’ to re-produce
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.
Plaintiff can’t just say he ‘will produce’ responsive discovery
The plaintiff stated that he “will produce” responsive discovery when it is available; the court ordered him to supplement this inadequate response.
Monetary sanctions for violating rules despite ‘very minimal’ impact
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.
