Clark v. Liberty Mut. Ins. Co.
Clark v. Liberty Mut. Ins. Co.
Case 1:22-cv-01089-JDB-jay (E.D. Tenn. 2023)
March 7, 2023

York, Jon A.,  United States Magistrate Judge

Cooperation of counsel
Sanctions
Forensic Examination
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Summary
The defendant filed a Motion for Sanctions against the plaintiff for alleged misrepresentations, leading to additional discovery and a court-ordered digital forensic analysis of all electronic devices possessed by P&G Construction Consultants. The deadline for this analysis was set for March 28, 2023, and a telephonic status conference was scheduled for that date to update the court on compliance. The parties were also reminded of the deadline for objecting to the order and the consequences of failing to do so.
Additional Decisions
MICHAEL CLARK Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY Defendant
No. 1:22-cv-01089-JDB-jay
United States District Court, W.D. Tennessee, Eastern Division
Filed March 07, 2023
York, Jon A., United States Magistrate Judge

ORDER

Defendant removed this case to federal court on May 6, 2022. ECF No. 1. The case then appeared to have settled on August 29, 2022. ECF No. 18. Approximately one month later, Defendant filed a Motion for Sanctions against Plaintiff for alleged misrepresentations “including the identity of the real party in interest and the validity of the settlement agreement entered into between Clark” and Defendant. ECF No. 19 at 1.

The parties have attempted to engage in additional discovery to resolve the dispute regarding the real party in interest and the settlement agreement. The Court has held multiple telephonic status conferences to address the ultimate discovery issue: documents related to the alleged assignment of rights or claims between Plaintiff Clark and P&G Construction Consultants.

The Court ORDERS Plaintiff to engage in digital forensic analysis of all electronic devices possessed by P&G Construction Consultants or Mr. William Griffin that may contain relevant documents. Plaintiff has until March 28, 2023, to conduct such analysis and provide the results to Defendant. P&G Construction Consultants is ORDERED to pay costs associated with the forensic analysis. The parties may submit a Motion for Protective Order for the Court’s consideration. The Court will hold a telephonic status conference on March 28, 2023, at 3:00 pm so that the parties may apprise the Court of their compliance with this Order.

It is so ORDERED this the 7th day of March, 2023.

IF DESIRED, AN APPEAL OF THIS ORDER TO THE PRESIDING DISTRICT COURT JUDGE MUST BE FILED WITHIN FOURTEEN (14) DAYS OF THE SERVICE OF A COPY OF THIS ORDER. SEE 28 U.S.C. § 636(b)(1)(C); LOCAL RULE 72(g)(2). FAILURE TO OBJECT WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER OF OBJECTIONS, EXCEPTIONS, AND ANY FURTHER APPEAL.