In Cherrington Asia Ltd, et. al. v. A&L Underground, Inc., et. al., 2010 U.S. Dist. Lexis 1546 (D. Kan. Jan 8, 2010), Magistrate Judge Donald W. Bostwick denied as untimely plaintiffs' motion for sanctions for defendant A&L's deliberate "document dump" of electronic information.

In response to plaintiffs' document request, defendant A&L produced a copy of the actual hard drive it used in connection with the project in dispute.  Plaintiffs objected that defendant's production amounted to an impermissible "document dump." The court ordered A&L to segregate irrelevant documents into a separate folder and to include a search engine loaded on the hard drive which enabled anyone to easily search its contents.

Nearly 15 months later, plaintiffs resurrected the "document dump" issue contending they found evidence A&L intentionally dumped unorganized documents on plaintiffs in order to increase plaintiffs' litigation expenses and to frustrate their ability to discover relevant information.  While the court was concerned with defendant's lack of cooperation, it denied plaintiffs' motion for sanctions as untimely.