Tuesday, April 28, 2020

Motion for Discovery Sanctions Denied -- A Party Can't Produce What Does Not Exist


In the case of Ebersole v. Schofield, No. 13-CV-2129 (C.P. Lacka. Co. April 13, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a Motion for Discovery Sanctions in a commercial litigation case.

After being convinced by the Plaintiff that the Plaintiff had produced all responsive materials in his possession and had further offered executed authorizations for the Defendant to obtain other records, the court found that the defense had not established grounds for the granting of the Motion for Sanctions. 

The court noted that it was convinced that the documents identified and demanded by the Defendant simply do not exist. As such, the court held that a party cannot be sanctioned for failing to produce non-existent materials. 

In the end, the Motion for Discovery Sanctions was denied. 

Anyone wishing to review a copy of this decision may click this LINK.

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