Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 81: When Repeated Violations of Court Orders Result in Default Judgment”
Episode 81 is an analysis of United States District Judge Mark L. Wolf’s decision on Red Wolf Energy Trading, LLC v. BIA Capital Mgmt., LLC, 2022 WL 4112081 (D. Mass. 2022). The decision is from September 8, 2022, and we look at how the repeated failure to produce and violations of multiple court orders led to the entry of a default judgement as a sanction.
Keep reading or watch the video to understand the eDiscovery issues.
Good morning, and welcome to Episode 81 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 and the principal at ESI Attorneys. I’m happy to be here with you this morning. Thanks so much for joining me.
Let’s jump into this week’s decision from the case titled Red Wolf Energy Trading, LLC vs. BIA Capital Management, LLC.
Now, this case is a prime example of how a failure to understand searching, collecting and producing data from specific sources of ESI in a comprehensive and timely manner can result in a default judgment under Rule 37(b)(2).
We have discussed multiple times on the Case of the Week what Rule 37(b) does and how it does not require the intent standard of Rule 37(e) for failure to preserve, but rather allows for potentially dispositive sanctions for disobeying a court order.
