Litigant Sanctioned for Severe Shortcomings in Discovery Response


An article appearing on the website.  The article discusses the case of, Clay v. Consol Pa. Coal Co, in which the plaintiff was granted sanctions against the defendant, including 6 additional depositions and costs.  The article quotes the opinion and states, “To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants’ resisted providing required information in initial disclosures and resisted previous discovery attempts by Plaintiff on an unfounded “we are not his employer” objection to discovery, but it has now come to light that Defendant did not even engage in a search for relevant electronically stored information (ESI) until April of this year—nearly ten months after this action was filed, and nearly two years after the EEOC investigation.”