[I]t is my intention before we get to summary judgment stage but after everything else is closed to give either party a chance to come in here and argue for any sanctions including the ultimate sanction. I'm going to look at the state of the record.
Rule 37(d) plainly requires a party receiving interrogatories to make one of two responses: an answer or a motion for a protective order. If parties are allowed to flout this obligation, choosing to wait to make a response until a trial court has lost patience with them, the effect will be to embroil trial judges in day-to-day supervision of discovery, a result directly contrary to the overall scheme of the federal discovery rules.
Defendants' actions have delayed the production of electronic discovery throughout this litigation. Defendants have consistently tried to minimize the likely value of this discovery. The court's minimal forays into the electronic discovery that has been produced has shown just the opposite. Despite all of this, the court is not unsympathetic to the massive amount of discovery involved in this matter, the considerable burden of working with it, and the overproduction that often comes with e-mail production. Therefore, the court gave Defendants numerous tools by which to reduce the burden of e-mail discovery, including an opportunity to limit Plaintiff's search terms and an opportunity to provide a list by which the number of people and the number of boxes being searched could be reduced. Defendants did not take advantage of these opportunities. Defendants must now lie in the bed that they have made.
[T]he court recognizes that the Onex entities are involved in numerous business ventures, many of which have nothing to do with the present action and that all of the Onex Corporation's Board Meeting Minutes are likely not relevant to Plaintiff's document requests. However, Plaintiff has identified several categories of documents that he believes the Onex Defendants have redacted that the court finds highly relevant and believes Plaintiff should be able to read in context without redactions. The court refers particularly to minutes from Onex Corporation Board of Directors meetings, Onex Compensation Committee meetings, Executive Committee meetings, and Audit Committee meetings which concern the acquisitions of ABCO, Republic, and Jannock, the financial condition of Magnatrax, the payment of management fees by Magnatrax, and then expenses incurred by Onex as part of the acquisitions which were later charged to Magnatrax under the Management Agreement. Documents that touch and concern these topics should be produced in unredacted form.
The court has carefully reviewed these documents, paying especially close attention to those documents specifically referenced in Plaintiff's motion to compel, and the court finds that the Onex Defendants' redactions were proper. The court finds that the portions of the minutes redacted from Onex Corporation Board of Directors meetings, Onex Compensation Committee meetings, Executive Committee meetings, and Audit Committee meetings do not concern the acquisitions of ABCO, Republic, and Jannock or the financial condition of Magnatrax. The court finds that the expenses redacted from the Onex Defendants' expense documents do not relate to Magnatrax and could not have been charged to Magnatrax under the Management Agreement. The court finds no indication that any of the redactions relate to the management fees paid by Magnatrax.
End of Document.