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| Alextronic Discovery An Electronic Discovery Blog covering News, Articles and Thoughts for the Legal and Corporate Community Author: Alexander H. Lubarsky, LL.M., Esq. - alubarsky@enterusa.com - Tel. (415) 533-4166 OR 800-375-4222 THIS BLAWG IS NOT AFFILIATED WITH THE WEB SITES WWW.DISCOVERYRESOURCES.ORG OR WWW.DISCOVERYRESOURCES.COM |
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Wednesday, January 21, 2004 Wouldn't Want to Be Uncle Sam in Maryland Wouldn't Want to Be Uncle Sam in Maryland To those of you that attended all three of my web casts this month and graduated from the series, I take off my ten-gallon stars n' stripes tall-hat to you. Tell a friend to join the next round in February. Speaking of star spangled tall hats and blue blazers, I wouldn't want to be that Great Uncle Sam in Maryland. Just last month, a court gave old Uncle a slap on the hand that may have caused a welt. In Thompson v. US (2003 WL 22963931) the Government missed its discovery cut off and fell short by some 80,000 e-mail messages. Obviously, the Senate Steering Committee failed to instruct its subcommittees to attend a Fios web cast. As was discussed in the top ten faux pas web cast, one of the most detrimental errors one can make is miscalculating that menacing discovery cut-off date. Thinking he had plenty of time to flip some burgers and sample the Apple pie in addition to respond to the Plaintiff's request for electronic production, out dear old Uncle took in that seventh inning and dug into his box of cracker jacks looking for that prize.... . His prize was one of them self tattoos that smear and don't turn out the smiling sunshine emblem but rather something that looks like the early stages of leprosy. The smeared tattoo was not the only stain the Government had to contend with. Missing the cut-off and failing to process some 80,000 relevant and non-privileged e-mail messages and their attachments, the judge slapped a sanction on Uncle saying that Uncle could not call his chief witnesses if the substance of the would be witness testimony proffered would be themes covered in those missing 80,000 e-mail messages. Hence, Sam had to instruct George Washington, Samuel Adams and Betsy Ross to wait outside the courtroom and whistle Dixie. Meanwhile, Uncle continued to get spanked behind the closed doors of that unforgiving Maryland courtroom. So livid that the 80,000 e-mails were not produced given the ample discovery period that preceded this omission, the Judge ruled that the Plaintiff was entitled to access to all 80,000 e-mails (meaning the Defendant was ordered to finally produce them at its own cost, but could not rely on any of these e-mail messages which supported its position). Imagine a summer water balloon fight where your bucket of balloons is turned over to the kids from Lincoln Elementary and you are prohibited from reaching into the bucket as them damn Lincoln kids drench you with the very weapons you wore your fingers down tying end after end. Very damaging. Better not come in the kitchen dear, Uncle is upset. What if Uncle just could not resist and tried to sneak into the record the contents of one of them 80,000 messages that could help his case? Can you say "contempt of court?" Good, I knew you could... Ouch. Hey folks, whatever you do, hit them discovery cut off dates, will ya? posted by Alexander | 12:55 AM |
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