Archive: June 2016

1
Martinez v. City of Chicago, No. 14-cv-369 (N.D. Ill. June 29, 2016).
2
Contents of Personal Computers and Email Accounts Within Scope of Discovery, Search Ordered by Court
3
Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)
4
Court Orders Native Production Absent Explanation of Allegedly Burdensome Cost and Upon Showing of Good Cause
5
Henry Schein v. Cook – 201606 (Northern District of California, 2016)
6
Waters v. Union Pacific Railroad Co. (District Court D. Kansas, 2016)
7
“Just as a plaintiff may not take discovery regarding unpled claims, so a defendant is precluded from seeking discovery concerning unpled defenses.”
8
Gade v. State Farm Mut. Auto. Ins. Co. (District of Vermont, 2016)
9
Hellers Gas, Inc. v. International Ins. Co. of Hannover Ltd. (M.D. Pa., 2016)

Martinez v. City of Chicago, No. 14-cv-369 (N.D. Ill. June 29, 2016).

Key Insight: Plaintiff was arrested while police pursuing his brother. Videos from car were mis-labeled and therefore destroyed. Plaintiff could not show bad faith, so no adverse inference instruction.

Nature of Case: civil rights

Electronic Data Involved: Police Car Videos

Keywords: adverse inference; sanctions; bad faith

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Contents of Personal Computers and Email Accounts Within Scope of Discovery, Search Ordered by Court

Sunderland v. Suffolk Cty., No. CV 13-4838 (JFB)(AKT), 2016 WL 3264169 (E.D.N.Y. June 14, 2016)

In this civil rights action, the parties agreed upon search terms to identify responsive material but did not agree regarding the propriety of searching the Individual Defendants’ personal computers and email accounts. Concluding that responsive information located in the Individual Defendants’ personal repositories was within the scope of discovery, the court granted Plaintiff’s motion to compel the requested searches.

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Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)

Key Insight: Sanctions for failure to preserve. Plaintiff did not issue a litigation hold until 23 months after reasonable anticipation of litigation.

Nature of Case: Legal malpractice

Electronic Data Involved: ESI destroyed under plaintiff’s record destruction policies: Backup tapes, routine deletion of emails, erasure of hard drives/email accounts.

Keywords: Preservation, spoliation sanctions, adverse inference charge, litigation hold.

Court Orders Native Production Absent Explanation of Allegedly Burdensome Cost and Upon Showing of Good Cause

Mitchell v. Reliable Sec., LLC, No. 1:15-cv-03814-AJB, 2016 WL 3093040 (N.D. Ga. May 23, 2016)

Addressing the parties’ dispute over the proper format of production—specifically, whether ESI should be produced in native format or PDF—the Court found Defendant failed to make an adequate showing that production of native files was cost prohibitive and that, in any event, Plaintiff had shown good cause, and ordered production of ESI in native format.

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Waters v. Union Pacific Railroad Co. (District Court D. Kansas, 2016)

Key Insight: Asserting well supported objection against a relevant request.

Nature of Case: personal injury

Electronic Data Involved: social media accounts, and postings

Keywords: social media records, mental state, postings

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“Just as a plaintiff may not take discovery regarding unpled claims, so a defendant is precluded from seeking discovery concerning unpled defenses.”

Lifeguard Licensing Corp. v. Kozak, No. 15 Civ. 8459 (LGS)(JCF), 2016 WL 3144049 (S.D.N.Y. May 23, 2016)

In this intellectual property dispute, the court denied Defendants’ motion to compel Plaintiffs’ production of “discoverable information relevant to the defendants’ likely defenses and counterclaims” citing Defendants’ decision to move for dismissal without filing an answer to the Complaint and reasoning, among other things, that the “plain language” of Fed. R. Civ. P. 26(b)(1)—recently amended “so that discovery now extends only as far as information relevant to claims or defenses”—“does not provide for discovery of ‘likely,’ ‘anticipated,’ or ‘potential’ claims or defenses.”

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Gade v. State Farm Mut. Auto. Ins. Co. (District of Vermont, 2016)

Key Insight: When the productions of underlying information (exact Excel formulas in this case) may disclose proprietary information, a supplemental disclosure explaining the underlying reasons may be a suitable replacement

Nature of Case: Automobile insurance coverage

Electronic Data Involved: Excel spreadsheet formulas

Keywords: Excel, formulas, moot, metadata, award of sanctions, expenses, fees

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Hellers Gas, Inc. v. International Ins. Co. of Hannover Ltd. (M.D. Pa., 2016)

Key Insight: Plaintiff failure to produce relevant and discoverable information.

Nature of Case: Insurance coverage litigation.

Electronic Data Involved: Email produced by a third party.

Keywords: Motion to compel. Specificity. Failure to specify.

View Case Opinion

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