asks for a bunch of stuff, inter alia, claim preclusion, S/J preclusion, issue preclusion, admission of facts, money. court orders COUNSEL HAS A DUTY to properly communicate to ensure that all sources of relevant information are discovered. become fully familiar with client's document retention policies, as well as client's data retention architecture with information technology personnel and the key players in the litigation monetary sanctions
incidentally, one server was eventually searched. because did not respond when offered electronic version Docs produced as 200 - 300 boxes of PAPER. motion for monetary sanctions is granted.... motion for all other sanctions is denied. This was not a factor in the sanction award. The judge found that Phoenix chose to receive the documents in hard copy over the searchable “Case Vault” format offered.