Court orders compelling discovery production continue to be disregarded and even flouted by some companies. But judges are growing intolerant of such behavior. In a May 3 decision peppered with colorful commentary, Judge Neil Gorsuch, writing for a 10th Circuit panel, firmly responded in Lee v. Max International. The decision affirmed a district court order dismissing the case because the plaintiff repeatedly violated court orders to produce documents.
“Discovery is not supposed to be a shell game, where the hidden ball is moved round and round and only revealed after so many false guesses are made and so much money is squandered,” Judge Gorsuch wrote.
