Archive: October 2017

1
Citing Failure to Cooperate, Court Orders Use of Specific Keyword Search Terms
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Court Compels Search of Additional Custodians, Notes Defendant’s Failure to Provide “Even a Rough Estimate” of the Alleged Burden

Citing Failure to Cooperate, Court Orders Use of Specific Keyword Search Terms

United States v. New Mexico State Univ., No. 1:16-cv-00911-JAP-LF, 2017 WL 4386358 (D.N.M. Sept. 29, 2017)

In this pay discrimination case, the Court addressed Defendants’ motion for a protective order precluding further searching for responsive documents. Citing defense counsel’s failure to “adequately confer” before performing the initial searches, “which resulted in searches that were inadequate to reveal all responsive documents,” the Court concluded that “which searches will be conducted is left to the Court” and went on to order Defendants to conduct additional searches with specific terms, many of which were proposed by the plaintiff.

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Court Compels Search of Additional Custodians, Notes Defendant’s Failure to Provide “Even a Rough Estimate” of the Alleged Burden

Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017)

Plaintiffs sued the City of Chicago and the Chicago police alleging that they had been wrongfully arrested, detained and prosecuted and that they were abused at “off the books” detention centers without access to counsel. Although the parties agreed on search terms and the majority of custodians, they “reached an impasse” as to which custodians in the Mayor’s Office should be searched, including the Mayor himself.  Because the court found the information sought would be relevant and because Defendant did not establish the alleged burden of the request—failing to provide even an estimate—the court granted in part Plaintiffs’ motion to compel, including their request to add the Mayor.  In so deciding, the court also noted several proportionality factors, including the importance of the issues at stake and the plaintiffs’ lack of access to the requested information.

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