Rule 37 Sanctions Awarded To Deter Future Violations


HOY’S, INC. v. EBJ&F, LLC, Dist. Court, D. Nevada 2014 – Google Scholar.

This is a breach of contract case in which the plaintiff moved to compel and for sanctions for failure to produce documents. The Defendants admitted that they had failed to fully respond to document requests and interrogatories. The Court sanctioned the defendants $1000 to deter future discovery abuses. It explained in part:

“The purpose of discovery is to provide the parties with a method “to obtain the fullest possible knowledge of the issues and facts before trial.” Hickman v. Taylor,329 U.S. 495, 501 (1947). For the discovery system to properly function, the costs of resisting discovery must outweigh the benefits of impartial or evasive discovery. “If the only sanction for failing to comply with the discovery rules is having to comply with the discovery rules if you are caught, the diligent are punished and the less than diligent, rewarded.” Poole ex rel. Elliott v. Textron, Inc., 192 F.R.D. 494, 506 (D. Md. 2000). Rewarding noncompliant parties contravenes the rule’s purpose of securing “the just, speedy, and inexpensive determination of every action and proceeding.” FED. R. CIV. P. 1.”

This decision shows the slow but steady trend in favor of sanctioning those who fail to produce documents and answer interrogatories on time.

Edward X. Clinton, Jr.

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