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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Effective Date
2010-09-01

Other Sections in This Document (106)

Full Text

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It appears that, with the assistance of a data-recovery firm, the City provided
Appellants over one million email files following the magistrate judge’s first order.
With regard to the email files produced, the district court acted within its discretion
by refusing sanctions. See Greyhound Lines, 485 F.3d at 1035 (“Because Archway
received responsive answers months before trial, the district court properly refused
discovery sanctions.”). To the extent Appellants complain about the delay in
production of those email files, such prejudice was remedied at the district-court level
by the postponement of the summary judgment hearing and the extension of pretrial
deadlines. Indeed, Appellants had access to the email files three months before they
filed their brief opposing the City’s motion for summary judgment.