Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Velocity Press, Inc. v. KeyBank, N.A.

Velocity Press, Inc. v. KeyBank, N.A.

United States District Court for the District of Utah, Central Division

April 26, 2011, Decided; April 26, 2011, Filed

Case No. 2:09-CV-520 TS

Opinion

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS

The Court has before it Velocity Press, Inc.'s ("Velocity") Motion for Sanctions. Therein, Velocity moves the Court to enter terminating sanctions, or any other sanction the Court deems appropriate, against Defendant KeyBank, N.A. ("KeyBank") for its alleged misconduct during discovery.

After reviewing the parties' respective arguments, the Court does not find that the complained of conduct merits sanctions and the Court will, therefore, deny the Motion.

I. BACKGROUND

The catalyst  [*2] for Velocity's Motion is Velocity's recent receipt of two email communications from non-party Sanden Machine—Velocity's vendor who was to construct a printing press for Velocity which was to be financed by KeyBank—sent between KeyBank and Sanden Machine on June 4 and July 19, 2007. These two email communications were not produced by KeyBank during discovery, even though KeyBank was a party to the communications. Velocity contends that these emails not only should have been produced, but that KeyBank's failure to produce these emails is symptomatic of KeyBank's more general failure to proceed with discovery in good faith.

Velocity contends that (1) KeyBank has withheld and spoliated relevant evidence and (2) that KeyBank's counsel has failed to conduct a reasonable investigation to ensure all relevant evidence has been produced. On these grounds, Velocity moves the Court to strike KeyBank's pleadings and enter judgment in Velocity's favor or for the Court to enter any other sanction it deems appropriate.

II. DISCUSSION

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2011 U.S. Dist. LEXIS 45249 *; 2011 WL 1584720

VELOCITY PRESS, INC., a Utah corporation, Plaintiff, vs. KEYBANK, N.A.; Q.A.M., INC., a Virginia corporation dba SANDEN USA, INC.; Q.A.M. INTERNATIONAL, a Nevada corporation; ROBERT PITEL, an individual; DOUGLAS JUSTUS, an individual; DOE DEFENDANTS I through X; Defendants.

Subsequent History: Motion denied by Velocity Press, Inc. v. Key Bank, N.A., 2011 U.S. Dist. LEXIS 113833 (D. Utah, Sept. 26, 2011)

Prior History: Velocity Press, Inc. v. Key Bank, N.A., 2010 U.S. Dist. LEXIS 135222 (D. Utah, Dec. 21, 2010)

CORE TERMS

emails, server, notice, contends, imminent, communications, relevant evidence, sanctions, discovery, retention, spoliated