Archive: August 6, 2018

1
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
2
Murphy v. Piper, No. 16-2623 (DWF/BRT) (D. Minn. Aug. 6, 2018)
3
In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).
4
Halleen v. Belk, Inc., No. 4:16-CV-55 (E.D. Tex. Aug. 6, 2018)

Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)

Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.

Nature of Case: Suit against supporters of “Unite the Right” rally

Electronic Data Involved: anonymous communications, anonymous user account info, Discord records

Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas

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Murphy v. Piper, No. 16-2623 (DWF/BRT) (D. Minn. Aug. 6, 2018)

Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.

Nature of Case: Inadequate and Substandard Care in State Facilities

Electronic Data Involved: Email and Documents

Keywords: Proportionality; Document “Dump”

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In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).

Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.

Nature of Case: Trade Secret

Electronic Data Involved: Documents in US, desired for foreign matter

Keywords: foreign proceeding.

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Halleen v. Belk, Inc., No. 4:16-CV-55 (E.D. Tex. Aug. 6, 2018)

Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse

Nature of Case: Fair Labor Standards Act (FLSA) collective action

Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content

Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive

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