14 Cited authorities

Young v. United States ex rel. Vuitton et Fils S. A.
481 U.S. 787 (1987) Cited 748 times 1 Legal Analyses
Holding that appointment of an interested prosecutor is a structural defect
Zubulake v. UBS Warburg LLC
220 F.R.D. 212 (S.D.N.Y. 2003) Cited 703 times 50 Legal Analyses
Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"
Zubulake v. UBS Warburg LLC
229 F.R.D. 422 (S.D.N.Y. 2004) Cited 291 times 25 Legal Analyses
Holding that "[i]n this circuit, a `culpable state of mind' for purposes of a spoliation inference includes ordinary negligence"
Qwest Communications Intern., Inc. v. WorldQuest Networks, Inc.
213 F.R.D. 418 (D. Colo. 2003) Cited 253 times
Holding that good cause is shown where evidence sought "may be consumed or destroyed with the passage of time, thereby disadvantaging one or more parties to the litigation"
Ayyash v. Bank Al-Madina
233 F.R.D. 325 (S.D.N.Y. 2005) Cited 131 times
Granting ex parte expedited discovery from third parties where plaintiff showed good cause
Citronelle-Mobile Gathering, Inc. v. Watkins
943 F.2d 1297 (11th Cir. 1991) Cited 153 times
Noting that "[t]he court has the power to impose coercive and compensatory sanctions."
Billian v. Mobil Corporation
710 So. 2d 984 (Fla. Dist. Ct. App. 1998) Cited 79 times
Noting that rescission is an equitable remedy where the primary obligation is to undo the original transaction and restore the former status of the parties
Notaro v. Koch
95 F.R.D. 403 (S.D.N.Y. 1982) Cited 122 times
Looking at irreparable injury, some probability of success on the merits; some connection between the expedited discovery and the avoidance of irreparable injury; and some evidence that the injury that will result without expedited discovery looms greater than the injury the defendant will suffer if the expedited relief is granted
Dimension Data North America, Inc. v. NetStar-1, Inc.
226 F.R.D. 528 (E.D.N.C. 2005) Cited 53 times
Holding that a motion for expedited discovery was premature because no motion for a preliminary injunction had been filed
In re Fannie Mae Derivative Litigation
227 F.R.D. 142 (D.D.C. 2005) Cited 25 times
Listing same five factors
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 96,831 times 669 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,376 times 52 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Elite Floral and Produce et al v. Exotic Blooms Corporation et al

14 Cited authorities

Holding that appointment of an interested prosecutor is a structural defect

Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"

Holding that "[i]n this circuit, a `culpable state of mind' for purposes of a spoliation inference includes ordinary negligence"

Holding that good cause is shown where evidence sought "may be consumed or destroyed with the passage of time, thereby disadvantaging one or more parties to the litigation"

Granting ex parte expedited discovery from third parties where plaintiff showed good cause

Noting that "[t]he court has the power to impose coercive and compensatory sanctions."

Noting that rescission is an equitable remedy where the primary obligation is to undo the original transaction and restore the former status of the parties

Holding that a motion for expedited discovery was premature because no motion for a preliminary injunction had been filed

Listing same five factors

Adopting Fed.R.Civ.P. 37

Adopting the sanctions authorized by Rule 37(b)

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"