ABSTRACT

In Re: A&M Florida Properties II, LLC, 2010 Bankr. LEXIS 1217 (S.D.N.Y. Bankr. Ct. April 7, 2010); monetary sanctions for failure to produce requested e-mails in a timely manner.

During the discovery phase of a suit alleging the breach of a purchase and sale contract, the Bankruptcy Court for the Southern District of New York ordered monetary sanctions against the plainti and its counsel for their failure to timely produce requested e-mails that remained hidden due to a misunderstanding of the plainti’s e-mail retention procedures.