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ARTICLE · 03 JULY 2023

Discovery Defaults Lead To Sanctions

Reed Smith
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In Boshears v. Polaris Eng'g, Inc., No. 3:22-cv-00053 (S.D. Tex. Mar. 20, 2023), District Judge Andrew M. Edison awarded $5,082.75 in sanctions against Plaintiff's counsel in an employment discrimination...

United StatesEmployment and HR
Sharon Ann Doherty
Sharon Ann Doherty
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In Boshears v. Polaris Eng'g, Inc., No. 3:22-cv-00053 (S.D. Tex. Mar. 20, 2023), District Judge Andrew M. Edison awarded $5,082.75 in sanctions against Plaintiff's counsel in an employment discrimination lawsuit due to his "flagrant abuse of the discovery process."

Counsel for Plaintiff admitted he failed to comply with various court orders by not timely participating in the discovery process. He blamed his defaults on a busy trial schedule and technical issues. Specifically, counsel failed to: (i) fully answer and provide responsive documents to discovery requests; (ii) execute employment and medical records authorizations; (iii) supplement and verify his interrogatories; and (iv) produce responsive documents in a timely manner. Counsel also failed to respond to opposing counsel's request to discuss deficiencies in the document production.

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