Bank of Mongolia v. M & P Glob. Fin. Servs., Inc.
Bank of Mongolia v. M & P Glob. Fin. Servs., Inc.
| Case Date: | 04/24/2009 |
| Citation: | Bank of Mongolia v. M & P Glob. Fin. Servs., Inc., 258 F.R.D. 514 (S.D. Fla. 2009) |
| Court Type: | Federal District |
| Court: | Southern District of Florida (S.D. Fla.) |
| Judge: | Federal Magistrate Judge: Robin S. Rosenbaum |
| Rule(s): | Rule 26; Rule 34; Rule 37 |
| Issues: | In a Racketeer Influenced and Corrupt Organization Act case, Plaintiff alleged Defendants defrauded roughly $23 million. Plaintiff moved to compel Defendants to respond to Plaintiff’s request for documents. |
| Resolution: | The Court granted Plaintiff’s motion to compel based on Defendants’ unresponsiveness to discovery responsibilities and inability to state a good cause for not providing the required information. The Court ordered Defendants to respond with an affidavit outlining their procedure for identifying responsive documents, and called for an independent expert to examine Defendants’ computer system. Based on Defendants’ sluggish response with no valid explanation, the Court ordered Defendants to pay the cost of Plaintiff’s motion to compel. |
| Relevant Documents: | Ex Parte Motion to Compel Response to Request for Documents (Doc. 51) Memorandum of Law in Support of Motion to Compel Response to Request for Documents (Doc. 52) Plaintiff’s Response to Motion to Compel (Doc. 62) Order on Motion to Compel (Doc. 75)
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| E-Discovery Issues: | Motion to Compel |
| E-discovery Tags: | Cost Shifting, Costs, Custodian, Forensic Analysis/Examination, Keyword Search, Mirror Imaging, Non-Party Discovery, Possession or Control, Privilege, Sanctions, Sources of ESI, Spoliation |
| E-discovery subjects: | Computer, Hard drive |