Don't ask, don't sign. BRANHAVEN, LCC V. BEEFTEK, INC., ET AL. CIVIL NO. WDQ-11-2334 Defendant's motion for sanctions
plaintiff’s delays in document production and scheduling of depositions the large, disorganized and last minute document production unreasonable Rule 45 subpoenas Three Complaints i
the large, disorganized and last minute document production
unreasonable Rule 45 subpoenas
i iii and defendants do not seek special relief, so the court consider(s) this unrefuted conduct solely as background. regarding The court bases the analysis on Rule 26(g); improper certification of responses
The court bases the analysis on Rule 26(g); improper certification of responses By an attorney or party certifies that to the best of the person's information, and belief knowledge, formed after a reasonable inquiry... which states, in part:
Court finds no reasonable inquiry Plaintiff misled defendants and the court after delays, documents were produced in PDF with no Bates numbers
(3) Sanction for Certification. Improper If a certification violates this rule Finding a violation of 26(g), the court turns to the sanctions section, 26(g)(3): which states, in part:
without substantial justification, the court, on motion or on its own, must impose an appropriate sanction
sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including attorney’s fees, caused by the violation.
litigation support costs attorneys’ fees associated with the motion Court awards: (jointly and severally against both Plaintiff and counsel.) The takeaway is this: do not submit a discovery response indicating that documents will be made available if you have not inquired as to the availability of said documents.
litigation support costs attorneys’ fees associated with the motion Court awards: (jointly and severally against both Plaintiff and counsel.) The takeaway is this: do not submit a discovery response indicating that documents will be made available if you have not inquired as to the availability of said documents.