Ride the Lightning

DUMB AND DUMBER IN PENNSYLVANIA: E-DISCOVERY BRAWLING

August 8, 2008

In a July 15th decision (Square D. Company v. Scott Electric Company, W.D.PA) Judge Nora Barry Fischer had clearly had enough. The electronic discovery motions had become a small avalanche, as the defendant continuously obstructed computer forensics experts from examining the evidence, in violation of the court’s order. A full year of scrapping ensued. As an exemplar of how not to behave, the case is terrific.

Defendant Globe Electric Supply, which had been obdurate throughout, was ordered to pay for the forensic examinations and the judge warned the defendant “that any further restrictions unilaterally imposed by it or its counsel on the forensic inspection (in any regard) as well as any other baseless barriers impeding the completion of discovery will be met with sanctions.” Gee, do you think she’s angry?

My eye was also caught by the judge’s terse comments regarding the pleadings filed by the defendant. Check this out: “While the Court has previously declined to comment on Defendant Globe’s filings with this Court, its response brief and brief in support of cross-motion consists of a series of stream of consciousness, run-on sentences riddled with spelling and grammar errors, which the Court deems wholly inappropriate to file in any court or proceeding.”

Ouch. Sounds like someone needs to go back to English 101.

Hat tip to Tina Ayiotis for passing this case along.

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