Kelly Twigger: #CaseoftheWeek Episode 68: Failure to Comply Leading to Default Judgment

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 68: Failure to Comply Leading to Default Judgment”

For episode 68 of #CaseoftheWeek, we’re analyzing a decision by United States Magistrate Judge Edwin Torres in the matter of GEICO v. Gomez-Cortez. We’ll discuss when a failure to comply with a court order can lead to a default judgment on a motion for sanctions.

Good morning, and welcome to episode 68 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant, as well as the Principal at ESI Attorneys, and I’m very happy to be here with you today. Hopefully you had a fantastic Memorial Day weekend and are just sitting down to get things recombobulated for the week. Thanks so much for joining me.

As you know, on our Case of the Week series, each week, we choose a recent decision in eDiscovery that highlights key issues for litigators and those who are involved in the eDiscovery process. We try to talk about some of the practical implications of how it impacts strategy for you, your clients, and your practice.

This week’s decision comes to us from GEICO v. Gomez-Cortez, which is from the Southern District of Florida. This decision is from May 12th of 2022 (pretty recent). It was written by United States Magistrate Judge Edwin Torres. This is one of 50 decisions that Judge Torres has in our eDiscovery Assistant database. He is a very well-versed judge in eDiscovery issues and his opinions are very thoughtful. This is one that I suggest you read because it’s going to highlight one very specific point that I regularly make on the Case of the Week series, and that is the need to bring a motion to compel when another party is not behaving in discovery. All right, let’s dive in.

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