SPECS USA Corp. v. SPECS Surface Nano Analysis GmbH et al
Filing
96
Order by Magistrate Judge Donna M. Ryu granting 83 Defendants' Motion for Sanctions. (dmrlc1, COURT STAFF) (Filed on 9/18/2012)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
11
For the Northern District of California
United States District Court
10
IN RE SPECS
No. C 10-04250 YGR (DMR)
12
13
ORDER GRANTING DEFENDANTS’
MOTION FOR SANCTIONS
___________________________________/
14
On May 15, 2012, Defendants Specs USA Corp. and Rickmer Kose moved to compel
15
document production and interrogatory responses by Plaintiffs SPECS GmbH and SPECS Inc.
16
Following a hearing, the court issued an order granting in part and denying in part Defendants’
17
motion. Now before the court is Defendants’ motion for sanctions pursuant to Federal Rule of Civil
18
Procedure 37. [Docket No. 83 (Sanctions Motion).] The court held a hearing on Defendants’
19
motion on September 13, 2012. For the reasons stated at the hearing and below Defendants’ motion
20
is GRANTED.
21
I. Background
22
On April 27, 2012, Defendants moved to compel production of documents and interrogatory
23
responses. The court subsequently denied the motion without prejudice and ordered the parties to
24
meet and confer in person regarding their discovery disputes, and to submit a joint letter brief if
25
disputes remained after meeting and conferring. The court also ordered the parties to “serve a letter
26
certifying that production of documents in response to particular requests for production [was]
27
complete, where applicable,” by May 10, 2012. [Docket No. 69.] On May 10, 2012, Plaintiffs
28
1
served a letter certifying that they “[had] produced all documents in their possession, custody, and
2
control subject to a reasonable search,” except for three categories of documents which were still in
3
dispute. [Docket No. 75-1 (Plaintiffs’ certification letter).] The parties were unable to reach
4
agreement regarding all of their discovery disputes, and filed a joint letter on May 15, 2012.
5
[Docket No. 75 (second motion to compel).] Shortly before the June 14, 2012 hearing on
6
Defendants’ second motion to compel, Plaintiffs produced over 100,000 documents to Defendants.
7
In late June and July, following the court’s June 21, 2012 Order granting in part and denying in part
8
Defendants’ second motion to compel, Plaintiffs produced over 30,000 more responsive documents.
9
(Second Mot. to Compel 2.)
11
For the Northern District of California
United States District Court
10
II. Discussion
Defendants cite three bases for sanctions. Defendants argue they are entitled to sanctions
12
pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), for Plaintiffs’ failure to obey a court order
13
to provide or permit discovery, as well as Rule 26(g)(3), which authorizes sanctions for a false
14
discovery certification. Defendants also argue that sanctions pursuant to Rules 37(a)(5)(A) and
15
37(a)(5)(C) are warranted, because Plaintiffs provided requested documents after Defendants filed
16
their second motion to compel, and because Defendants “substantially prevail[ed]” on their second
17
motion to compel.
18
A.
19
Rule 37 authorizes the imposition of various sanctions for discovery violations, including a
Legal Standards
20
party’s failure to obey a court order to provide or permit discovery. Fed. R. Civ. P. 37(b)(2)(A).
21
Such sanctions may include ordering a party to pay the reasonable expenses, including attorneys’
22
fees, caused by its failure to comply with the order or rule. Fed. R. Civ. P. 37(b)(2)(C). Rule 37
23
also authorizes sanctions in the form of an award of reasonable expenses, including attorneys’ fees,
24
in connection with motions to compel. Such an award of expenses is mandatory if requested
25
discovery is provided after a motion to compel is filed, unless the moving party “filed the motion
26
before attempting in good faith to obtain the discovery . . . sought without court action; . . . the
27
opposing party’s nondisclosure, response, or objection was substantially justified; or . . . other
28
circumstances make an award of expenses unjust.” Fed. R. Civ. P. 37(a)(5)(A). If a motion to
2
1
compel is granted in part and denied in part, the court may also apportion the reasonable expenses
2
for the motion. Fed. R. Civ. P. 37(a)(5)(C).
3
B.
4
Defendants first contend that Plaintiffs should be sanctioned for violating the court’s May 3,
Analysis
5
2012 discovery order by certifying on May 10 that their production was complete as to most
6
categories, when in fact that was materially untrue. Defendants base this assertion on the fact that
7
Plaintiffs made at least four additional significant productions of responsive documents after
8
certifying that their production was complete. Therefore, Defendants argue, the May 10 certification
9
was either “knowingly false or made without confirming the adequacy of Plaintiffs’ document
collection or production efforts.” (Sanctions Mot. 3.) Plaintiffs argue that Rule 37(b)(2)(A) does
11
For the Northern District of California
United States District Court
10
not apply as they did not “fail to provide or permit discovery” as ordered by the court. They argue
12
that they in fact complied with the court’s order to certify their production, and that they believed
13
that their initial production of responsive documents was complete as of the date of their
14
certification. While acknowledging that there were inaccuracies in their certification letter,
15
Plaintiffs claim that any such inaccuracies “have been rectified or are being rectified by means of
16
Plaintiffs’ supplemental productions.” (Sanctions Mot. 5.)
17
The court concludes that Plaintiffs failed to substantially comply with its May 3, 2012 Order.
18
Although they served a timely letter purporting to certify the completeness of their document
19
production, Plaintiffs’ certification was clearly incorrect, as evidenced by the fact that they later
20
produced over 130,000 responsive documents. For example, Plaintiffs certified that their production
21
in response to three requests seeking inter-party communications was “complete.” (Pls.’
22
Certification Letter 3, 5.) Yet Plaintiffs produced over 9,000 inter-party emails shortly before the
23
June 14 hearing on the second motion to compel. (Sanctions Mot. 5.) While Plaintiffs may have
24
complied with the letter of the Order by serving a certification letter by the deadline, they certainly
25
did not comply with its spirit. Given the sheer volume of documents produced after the date of
26
certification, the court can only conclude that the certification was either knowingly false, or at the
27
very least, made without confirming the adequacy of their collection and production efforts. In
28
either case, Plaintiffs violated the court’s May 3 Order. Pursuant to Rule 37(b)(2)(C), the court
3
1
finds that payment of Defendants’ reasonable expenses, including attorneys’ fees, is an appropriate
2
sanction for Plaintiffs’ failure to comply with the court order.
3
In addition, by no later than September 24, 2012, Plaintiffs are ordered to serve and file
4
certifications by Reinhard Lembke, CEO of Plaintiff SPECS GmbH, as well as by Plaintiffs’ lead
5
counsel, that Plaintiffs have performed a diligent and reasonable search and have produced all
6
responsive documents in their possession, custody or control to Defendants. Such certifications
7
shall be signed under penalty of perjury. If Plaintiffs locate any additional responsive documents
8
after the date of their final certifications, Plaintiffs must produce such documents to Defendants.
9
Plaintiffs will be precluded from using any such late-produced documents in connection with a
11
For the Northern District of California
United States District Court
10
motion or at trial. See Fed. R. Civ. P. 37(b)(2)(A)(ii).
Next, Defendants argue they are entitled to reasonable expenses, including attorneys’ fees, in
12
connection with their second motion to compel. Defendants seek expenses under Rule 37(a)(5)(A),
13
because Plaintiffs provided documents that were the subject of the second motion to compel after
14
Defendants filed that motion on May 15. Plaintiffs do not dispute that they served over 100,000
15
documents that Defendants sought to compel, just days before the June 14, 2012 hearing on the
16
second motion. Plaintiffs make no attempt to argue that their failure to produce those responsive
17
documents sooner was substantially justified.1 Accordingly, Defendants are entitled to an award of
18
reasonable expenses pursuant to Rule 37(a)(5)(A).
19
20
III. Conclusion
For the foregoing reasons, Defendants’ Motion for Sanctions is GRANTED. Defendants
21
submitted evidence supporting the amount of monetary sanctions they seek in connection with the
22
sanctions motion. On September 10, 2012, without seeking leave of court, Defendants submitted a
23
supplemental declaration in support of their motion in which they requested additional attorneys’
24
fees incurred in July 2012, after Defendants’ motion to compel was decided. [Docket No. 89.] At
25
the September 13, 2012 hearing, the court ordered limited briefing from both sides as to Defendants’
26
27
28
1
Defendants also seek an award of reasonable expenses pursuant to Rule 37(a)(5)(C) for
“substantially prevailing” on their second motion to compel. The court need not reach the merits of this
argument as it determines that Defendants are entitled to an award on other grounds.
4
1
request for attorneys’ fees incurred in July 2012. The court will issue a separate order setting forth
2
the amount of sanctions awarded to Defendants.
S
Dated: September 18, 2012
NO
M. Ryu
nna
udge o
JRYU D
DONNA M.
8
United States Magistrate Judge
RT
7
10
11
For the Northern District of California
United States District Court
ER
H
9
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
N
D IS T IC T
R
R NIA
6
FO
5
DERED
O OR
IT IS S
LI
IT IS SO ORDERED.
A
UNIT
ED
4
RT
U
O
3
S DISTRICT
TE
C
TA
OF
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?