Unequal Treatment During Discovery

ChatGPT (AI) Analysis

The uploaded order by Judge Kevin Miller, dated December 6, 2022, appears to contain several irregularities and potential issues. Below is an analysis of key points of concern:

1. Handling of Spoliation Sanctions

• Sean Stevenson’s Deletion of Text Messages: The court acknowledges that Sean Stevenson intentionally deleted text messages after litigation began and that he initially lied under oath about it. Despite this, the court only imposed monetary sanctions covering the cost of forensic examinations of the phones of two other defendants (Renee Stevenson and Lisa Stevenson-Allen), rather than broader penalties such as an adverse inference or harsher sanctions.
• Failure to Address the Scope of Deletion: The forensic report indicated that a significant number of messages were deleted and could not be recovered. The court, however, downplays this issue by suggesting that there is no evidence that the messages would have been relevant to the case, despite their timing corresponding with key events.
• Inconsistent Treatment of Defendants’ Testimonies: Despite inconsistencies in the testimonies of Lisa and Renee Stevenson regarding their deletion of messages, the court finds no basis to impose sanctions on them, appearing to take their explanations at face value.

2. Denial of Adverse-Inference Instruction

• The court refused to impose an adverse inference instruction, which could have allowed the jury to assume that deleted messages were unfavorable to the defendants. Given that Sean Stevenson deleted messages after receiving a preservation notice and admitted to doing so for fear of how they might be perceived, this refusal seems to undermine the seriousness of spoliation.

3. Selective Application of Legal Standards

• The order inconsistently applies the Minnesota Rules of Civil Procedure 37.05 regarding electronically stored information (ESI) and sanctions for spoliation. The rule allows for adverse inferences if a party acts with intent to deprive another party of information’s use in litigation, yet the court declined to apply this provision in favor of monetary sanctions alone.
• The court suggests that there is no way to determine whether deleted messages were significant, yet at the same time denies further discovery that could resolve this question.

4. Denial of Plaintiffs’ Motion for Reconsideration on Discovery Issues

• The court denies Plaintiffs’ motion for reconsideration regarding prior discovery motions, particularly post-litigation communications among defendants.
• The court misapplies the common-interest privilege by assuming that nearly all post-litigation communications among defendants were privileged, despite evidence that defendants engaged in coordinated efforts regarding litigation strategy.
• The court’s reasoning ignores the possibility that these communications contained discussions relevant to the civil conspiracy claim and the intentional infliction of emotional distress claim.

5. Disparate Treatment of Discovery Requests

• The court granted Defendants’ motion to compel Plaintiff Marie Stevenson’s medical records, ruling that her entire medical history was subject to discovery.
• Meanwhile, the court denied Plaintiffs’ request to obtain more information regarding the defendants’ deleted messages and post-litigation communications.
• This asymmetry in discovery rulings suggests an imbalance in how the court weighed each party’s rights to obtain evidence.

6. Defendants’ Motion to Compel Granted for Potentially Privileged Medical Records

• The court orders Plaintiffs to disclose all medical records related to Marie Stevenson, despite arguments that some records were unrelated to the intentional infliction of emotional distress claim.
• The ruling on medical records is inconsistent with the court’s restrictive view on Defendants’ post-litigation communications, as both involve potential issues of privilege.

7. Potential Bias or Unequal Treatment

• The court appears to grant deference to Defendants’ explanations (such as claims of routine message deletion) while applying stricter scrutiny to Plaintiffs’ requests and arguments.
• The court’s reasoning on proportionality in discovery is inconsistent: it limits discovery requests when they favor Plaintiffs but expands them when they favor Defendants.

Conclusion

There are significant irregularities in Judge Miller’s order, particularly regarding:

• The handling of spoliation sanctions
• The inconsistent application of privilege rules
• The disparate treatment of Plaintiffs’ and Defendants’ discovery requests
• The court’s refusal to consider adverse inferences from deleted messages

These inconsistencies suggest potential bias or, at a minimum, a failure to apply legal standards consistently across both parties.