Computer Task Group, Inc. v. Brotby, 364 F.3d 1112 (9th Cir. 2004)

Computer Task Group (CTG) sued William Brotby for breach of a non-solicitation/non-disclosure agreement that he signed while he was working as an information technologies consultant. CTG succeeded in obtaining an injunction prohibiting Brotby from working for Alyeska Pipeline Service Company, one of CTG’s clients. During the discovery phase of the lawsuit, Brotby refused to respond fully to interrogatories and document requests; CTG filed eight motions to compel (all of which were granted) and obtained orders imposing monetary sanctions, some of which Brotby did not pay. The Magistrate Judge recommended that CTG’s motion for terminating sanctions be granted, and the district court adopted the recommendation, dismissing Brotby’s counterclaims, striking his answer and entering default against Brotby on CTG’s claims. The Ninth Circuit affirmed “in light of Brotby’s egregious record of discovery abuses.” Cf. London v. Dri-Honing Corp., 117 Cal. App. 4th 999, 12 Cal. Rptr. 3d 240 (2004) (monetary sanctions were properly imposed against employer that failed to produce documents in wrongful termination lawsuit).