Archive: December 28, 2015

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Absent Plaintiff’s Control of Emails in Employees’ Personal Accounts, Court Denies Motion to Compel

Absent Plaintiff’s Control of Emails in Employees’ Personal Accounts, Court Denies Motion to Compel

Matthew Enter., Inc. v. Chrysler Grp., LLC, No. 13-cv-04236-BLF, 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015)

In this case, the court declined to compel production from Plaintiff’s employees’ personal email accounts because Plaintiff did not have control of the emails for purposes of discovery.  As to the contents of Plaintiff’s “customer communications database” maintained by a third party vendor, however, the court found that Plaintiff did have control of the ESI, as evidenced by the prior production of certain data at Plaintiff’s request.

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