On Wednesday, attorneys for Dominion and Fox met before a Delaware Superior Court judge to discuss scheduling for upcoming checkpoints.
However, an attorney for Dominion said there was concern regarding certification requirements and evidence – such as certain board meeting minutes and the results of searches of personal drives – that have yet to be produced by Fox and its cable TV networks. While this issue was already raised in July and January, the Dominion attorney said Wednesday they are still missing documents.
“We have not gotten anything. We pointed out categories of missing documents for both Fox News and Fox Corp that are still missing. And we are not talking about a document slipping through … we are talking about categories of documents,” said Dominion attorney Justin Nelson on Wednesday.
Nelson said Dominion’s attorneys had been assured that Fox’s legal team would “ask the hard questions about missing documents so that we didn’t have to do it and engage in further discovery practice.”
“And that just hasn’t happened,” Nelson said, “and I understand why because they can’t do it.”
Fox attorney Dan Webb, a veteran trial attorney added to Fox’s roster last year, said he disagreed with much of what Nelson said during the hearing Wednesday.
“The parties are having problems on both sides,” Webb said Wednesday. “I think 70,000 documents were recently produced on damages, which is a huge issue in this case, that were late produced.”
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