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In Kleen Products Litigation, Parties Stipulate that Predictive Coding is Not Required At This Time

Posted in CASE SUMMARIES

Kleen Prods. LLC v. Packaging Corp. of Am., No. 1:10-cv-05711 (N.D. Ill. Aug. 21, 2012)

In the ongoing Kleen Products litigation in the Northern District of Illinois, the parties have been litigating the question of whether defendants should be required to utilize predictive coding to conduct their discovery review.  The Court has held several days of evidentiary hearings on this issue over the past several months and the parties have now entered into a stipulation, signed by the Court (Magistrate Judge Nan Nolan), wherein, among other things, the plaintiffs have agreed that they will not argue that predictive coding must be utilized with respect to any request for production served on any defendant prior to October 1, 2013.  After that, the parties reserve all rights, and agree to meet and confer regarding appropriate search methodologies for newly collected documents.  In light of this stipulation, no further evidentiary hearings on the matter are scheduled.

A copy of the stipulation is available here.