In U & I Corp. v. Advanced Medical Design, Inc., 2008 W.L. 821993 (M.D. Fl. March 26, 2008), plaintiff, a medical equipment company based in Korea, blamed its failure to preserve and produce documents on "confusion, software formatting, language barriers and understanding of the U.S. legal system." The court was not moved and held that plaintiff failed to show a substantial justification for its failure and unwillingness to abide by court orders and the rules of discovery. "It is not the court's role, nor that of opposing counsel, to drag a party kicking and screaming through the discovery process."
The court ruled that Defendant is entitled to inspect hard drives used by certain of plaintiff's employees. Plaintiff was also ordered t pay reasonable attorneys' fees and costs associated with the filing of the motion to compel.
