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Tag Archives: Dismissal

Civil Practice – Discovery – Egregious Violations – Email Deletions – Sanction – Dismissal (access required)

Eastern Business Forms, Inc. v. Davin Plaintiff disobeyed two of this court’s discovery orders, falsely represented on numerous occasions that the requested emails did not exist because there had been no communication by email, and systematically deleted the emails which were relevant to defendants’ counterclaims and which were responsive to defendants’ discovery requests. Plaintiff acted willfully, in bad faith, and with gross indifference to defendants’ rights. As the only appropriate sanction for such egregious discovery abuse, plaintiff’s complaint is dismissed. Plaintiff shall pay defendants’ attorney’s fees relating to this discovery dispute and the entire cost of the forensic examination of plaintiff’s computers.

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Civil Practice – Discovery – Egregious Violations – Email Deletions – Sanction – Dismissal (access required)

Eastern Business Forms, Inc. v. Davin Plaintiff disobeyed two of this court’s discovery orders, falsely represented on numerous occasions that the requested emails did not exist because there had been no communication by email, and systematically deleted the emails which were relevant to defendants’ counterclaims and which were responsive to defendants’ discovery requests. Plaintiff acted willfully, in bad faith, and with gross indifference to defendants’ rights.

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