Timing is Everything: Motion for Spoliation Sanctions Denied as Untimely

http://ow.ly/5Wjz3

This is a case summary from the KL Gates eDiscovery case law database.  The case at hand, Am. Nat’l Prop. & Cas. Co. v. Campbell Ins., Inc., No. 3:08-cv-00604, 2011 WL 3021399 (M.D. Tenn. July 22, 2011) involved a claim of spoliation by plaintiffs.  The defendant was alleged to have not produced evidence for that pretained to a relevant time period in the case.  However, the plaintiff's waited until after discovery had closed and until only a few weeks before the trial was scheduled to make their sanctions motion.  Hence, the motion was denied as untimely.

Don't wait too long to seek sanctions, if you feel you have a valid claim for sanctions, and the opposing counsel is not cooperaing with reasonable discovery requests, make the motion.  Waiting is not going to make your position get any stronger.