On January 12, 2005 in San Francisco, the Civil Rules Advisory Committee heard testimony from 15 witnesses. This was the first of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The following are some highlights of the testimony. The complete testimony can be found here. Read More
Green v. Baca, 225 F.R.D. 612 (C.D.Cal. 2005)
In this case, the court found that plaintiff’s efforts to obtain discovery regarding the over-detention of inmates in the Los Angeles County jail system were “unduly complicated and extraordinarily delayed by the failure of the County and/or its counsel to investigate promptly and effectively the records available, both in hard-copy and computer-based formats, regarding such over-detentions.” For almost nine months, the court and plaintiff’s counsel were never specifically apprised of the availability of computer-based records regarding over-detentions, despite extensive questioning by the court and court orders that declarations be provided regarding the availability of such documents and the burden associated with their production. Read More
Treace v. UNUM Life Ins. Co., 2004 WL 3142215 (W.D.Tenn. Aug. 10, 2004)
Insured sued UNUM Life Insurance Company for breach of contract, bad faith, and related torts based upon Unum’s denial of her disability claim. In response to an interrogatory seeking the identities of individuals who had contact with plaintiff about the claim, Unum represented that any record of telephone conversations with a claimant were kept in the claim file (which had already been produced) and it would be the same burden on both parties to search through those records to compile a “telephone log.”
Icu Medical, Inc. v. B. Braun Medical, Inc., 2005 WL 151927 (N.D.Cal. Jan. 4, 2005)
In response to a joint discovery dispute letter in which defendant sought an order requiring plaintiff to conduct an adequate search for documents in response to defendant’s production requests, the magistrate judge ordered:
(1) To the extent not already completed, plaintiff shall search all computerized files, emails, voice mails, work files, desk files, calendars and diaries, and any other locations and sources if materials of the type to be produced might plausibly be expected to be found there. Said search shall be completed no later than January 25, 2005;
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