Friday, August 3, 2012

Gaze Upon Judge Cooke's Scott Rothstein/TD Bank Sanctions Order!


Nice to see Rule 37 get a little teeth.

Here's part of the order dealing with GT and its lawyers:
The individual Greenberg Traurig attorneys’ handling of this case left much to be desired. The document review and production appears to have been conducted in an almost ad hoc manner. The attorneys failed to adequately conduct document searches in response to Coquina’s counsel’s requests and this Court’s inquiries. The attorneys produced key documents on the eve of trial, and in the midst of trial, because of failures in their document search and production procedures. Although I recognize that the attorneys were dealing with a high volume of documents, the amount of production errors that occurred throughout these proceedings were simply incredible, especially coming from lawyers in a well regarded firm like Greenberg Traurig, which in many ways earns its reputation from being able to litigate large, complex actions.

Having reviewed the evidence, however, I do not find that sanctions, including a finding of contempt, are warranted against any of the individual attorneys. The evidence does not support a finding that any of them acted willfully or in bad faith. Although they certainly acted with negligence, I am not prepared, on this record, to enter sanctions personally against them.
So I guess that's a partial victory (at least for the local GT lawyers).

UPDATE:  I love my readers:

35 comments:

Anonymous said...

I was expecting you to put up a clip of the Pink Panther with this line in the order .... "As a result, it often times appears that this litigation was conducted in an Inspector Clouseau-like fashion. However, unlike a Pink Panther film, there was nothing amusing about this conduct and it did not conclude neatly."

South Florida Lawyers said...

On it.

Anonymous said...

Just skimmed the order, but Judge Cooke seems to put must of the blame on TD Bank and is being too kind to GT by finding them only negligent. If you aren't asking and pressing your corporate client the tough questions about documents in the manner, seems willfully ignorant.

Anonymous said...

She let Holly off way too easy.

Anonymous said...

Holly had the best lawyer's lawyer in south florida. Not only she, but also the other lawyers who were facing sanctions, should get together and buy Hector Flores a helluva nice watch as thanks _ pf would be appropriate.

Anonymous said...

Holly was not represented by Hector, he represented Evans....but otherwise, you are spot on.

Anonymous said...

evans was in a hotter seat than holly

Change Miami Dade on Aug 14 said...

Change Miami Dade http://www.miamiherald.com/2012/08/03/2930464/a-new-direction-for-miami-dade.html#storylink=fbuser

Anonymous said...

And your readers love you!

link said...

Upon review of all of the evidence I conclude that Rule 37 sanctions against Greenberg
Traurig and TD Bank are warranted. Having determined that TD Bank’s discovery violations were willful and resulted in prejudice to Coquina, I must determine what is the appropriate sanction in this case. Coquina urges that I strike TD Bank’s pleadings or its notice of appeal.
Discovery sanctions must be “just” and “specifically related” to the discovery violations.
See Ins. Corp. of Ireland, Ltd. v. Compagnie de Bauxites de Guinee, 456 U.S. 694, 707 (1982); Sierra Chevrolet, 446 F.3d at 1152. The discovery violations in this case resulted in Coquina’s diminished ability to prove that TD Bank’s actions were unreasonable and it had knowledge of fraud.

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