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How NOT To Do eDiscovery - Especially If It's On Purpose: Page 4 of 5

Judge Sullivan: "You know what, look, there are going to be sanctions in this case and there's going to be an award of attorney fees, and you know, those sanctions -- and there'll be additional sanctions, and I'll tell you right now those sanctions are going to be painful. They're going to hurt. And I think that it's really unfortunate that the citizens of the District of Columbia have to pay for these types of shenanigans, and that's putting it mildly...

"So, what do I have to do?  Appoint a special prosecutor in this case to find out what happened? Do I have to bring in someone from the outside to search the City's files to see whether or not all discoverable material has been turned over to Plaintiffs? What do I have to do? That's a question I'm going to ask Plaintiffs as well. I'm not going to tolerate this conduct, and the citizens of D.C. should not have to tolerate it. What else is there? How do we know that everything that's discoverable has been discovered and produced? What can you tell me that will suggest to me that I have confidence that all discoverable material has been produced? What can you say?...

"I'm going to give the Plaintiff discovery - the additional discovery they want and the City is going to pay every penny of what their cost will be for the additional discovery. I can tell you that's one sanction I'm going to impose today.

Capper via Defense Attorney Jonathan Turley

MR. TURLEY: "...one of the more obvious things that we are likely to suggest is that while we stated that the Court should award discovery costs from 2007, we believe the Court should consider forcing the payment of all discovery because they have made all prior discovery, which they drew out, to be virtually meaningless for us, and we believe that a sanction --"