An unexpected turn during discovery resulted in a federal judge in Arizona partially awarding a plaintiff’s motion for sanctions, attorney fees and costs, and ordered the discovery process reopened after a Rule 30(b)(6) representative disclosed the existence of two documents that the court called “potentially explosive.”

According to the opinion, three employees worked for the plaintiff in this case, Southern Counties Oil, until they left to work for a competitor, defendant Fuelco Energy in 2018. Southern alleged that the employees, Lucas Henry, Thomas Parsons and Christopher Reinesch, provided confidential and trade secret information to their new employer in violation of confidentiality, non-competition, and/or non-solicitation agreements and that the three used that information to commit various business torts.

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