Flowrider Surf, Ltd. v. Pacific Surf Designs, Inc., No. 15cv1879-BEN (BLM), 2016 WL 6522807 (S.D. Cal. Nov. 3, 2016)

Key Insight: The parties in this case agreed to produce ESI ?in accordance with the Southern District?s Order Governing Discovery of Electronically Stored Information.? Defendant sought production of all documents that ??hit? on the parties? agreed-upon search terms without further relevance review,? arguing that the terms were narrowly tailored and that any resulting hits were ?presumptively relevant and responsive.? Plaintiffs argued that Defendant?s interpretation of the order was contrary to law and conflicted with the language of Fed. R. Civ. P. 26(b)(1), among other things. Citing a declaration from Plaintiff?s CEO that the search hits, which for some terms numbered in the thousands or tens of thousands, contained a substantial number of irrelevant documents, the court agreed that ?culling for relevance [was] warranted.?

Nature of Case: Patent Infringement

Electronic Data Involved: ESI (search hits)

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