Archive: April 28, 2014

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Starting Discovery with a Rule 30(b)(6) Deposition into “Manner and Methods” Used to Store ESI “Puts the Cart before the Horse”

Starting Discovery with a Rule 30(b)(6) Deposition into “Manner and Methods” Used to Store ESI “Puts the Cart before the Horse”

Miller v. York Risk Servs. Grp., No. 2:13-cv-1419 JWS, 2014 WL 1456349 (D. Ariz. Apr. 15, 2014)

In this case, Plaintiffs determined that they would “need to discover electronically stored information” and sought first to compel the defendant to “participate in a Rule 30(b)(6) deposition regarding the manner and methods used by  Defendant to store and maintain electronically stored information.”  Plaintiffs argued that taking the deposition first would “allow them to tailor their discovery requests to avoid potential disputes over what may be discovered” and contended that other courts had allowed such discovery for that reason.  The court denied Plaintiffs’ Motion to Compel. Read More

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