A recent decision in Nole v. Demaria’s Hemlock Hill Farm LLC illustrates how courts address late discovery disclosures that disrupt case schedules and prejudice the opposing party. The Southern District of New York granted the plaintiff’s motion for attorneys’ fees after defendants failed to comply with discovery deadlines, overlooked Requests for Admission, and disclosed supplemental documents and witnesses on the eve of the close of discovery. The court found that these late disclosures deprived the plaintiff of the opportunity to take timely discovery and warranted sanctions under Rule 37.
The court determined that plaintiff’s counsel reasonably expended twenty‑nine hours addressing the untimely disclosures, including reviewing late responses, analyzing supplemental materials, and conducting depositions of newly identified witnesses. Applying a reasonable hourly rate and reviewing contemporaneous billing records, the court awarded $15,950 in fees. The court also granted $3,402.10 in deposition costs, supported by invoices and sworn declarations, and ordered defendants and their counsel to pay the full $19,352.10 jointly and severally.
For eDiscovery teams, the decision reinforces that discovery obligations must be met with diligence and attention to scheduling orders. Courts will compensate parties for the additional time and expense caused by late disclosures and will hold both litigants and counsel accountable when discovery violations impede the orderly progression of a case.
If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Shari Coltoff at CODISCOVR for more information. Shari has over 20 years of experience in the ever-evolving eDiscovery life cycle, from document collection to managing large long-term reviews through productions.
