Category: Case Summaries

1
United States v. First Data, 287 F. Supp. 2d 69 (D.D.C. 2003)
2
Arista Records, Inc. v. Sakfield Holding Co. S.L., 314 F. Supp. 2d 27 (D.D.C. 2004)
3
Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)
4
In re Heritage Bond Litig., 223 F.R.D. 527 (C.D.Cal. 2004)
5
Marcin Eng’g, LLC v. Founders at Grizzly Ranch LLC, 219 F.R.D. 516 (D. Colo. 2003)
6
Promega Corp. v. Applera Corp., 2002 WL 32340886 (W.D. Wis. Nov. 27, 2002)
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Superior Consultant Co. v. Bailey, 2000 WL 1279161 (E.D. Mich. Aug. 22, 2000)
8
Williams v. Hernandez, 2004 WL 1161318 (S.D.N.Y. May 25, 2004)
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Byrne v. Byrne, 650 N.Y.S.2d 499 (1996)
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Felham Enter. (Cayman) Ltd. v. Certain Underwriters at Lloyd’s, 2004 WL 2360159 (E.D. La. Oct. 19, 2004)

United States v. First Data, 287 F. Supp. 2d 69 (D.D.C. 2003)

Key Insight: Scheduling and case management order provides, inter alia, that document requests shall be responded to and documents produced within ten days after service, and that parties will produce documents in either hard copy form, or, in the case of electronic documents, in the native electronic format (or a mutually agreeable format)

Arista Records, Inc. v. Sakfield Holding Co. S.L., 314 F. Supp. 2d 27 (D.D.C. 2004)

Key Insight: Since defendant had destroyed electronic records and failed to produce the very records that would provide evidence of its contacts within D.C., even after being ordered by court to do so, court denied defendant’s motion to dismiss for lack of personal jurisdiction; court declined to impose any sanctions, but said plaintiff could bring a motion in the future

Nature of Case: Copyright infringement and related claims

Electronic Data Involved: Electronic information on servers

Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)

Key Insight: Insurer’s willful failure to comply with discovery orders and failure to produce database warranted evidentiary preclusion order amounting to entry of default judgment on agent’s counterclaim

Nature of Case: Insurer sued former general agent and agent counterclaimed for renewal commissions owed

Electronic Data Involved: Database containing raw data regarding policies sold by agents

In re Heritage Bond Litig., 223 F.R.D. 527 (C.D.Cal. 2004)

Key Insight: Where defendants “deliberately and willfully” failed to produce responsive documents, court concluded that defendants had not substantially complied with its prior discovery order and awarded civil contempt sanctions against defendants in the amount of plaintiffs’ attorneys’ fees and costs

Nature of Case: Securities litigation

Electronic Data Involved: Documents on individual defendant’s personal computer

Marcin Eng’g, LLC v. Founders at Grizzly Ranch LLC, 219 F.R.D. 516 (D. Colo. 2003)

Key Insight: Court denied defendant’s motion to extend expert discovery deadline for purposes of reviewing plaintiff’s experts computer data and computerized versions of preliminary and superseded versions of work, where material was produced in hard copy form months earlier and defendant had been dilatory in reviewing it

Nature of Case: Breach of contract and tort claims

Electronic Data Involved: Computerized data and superceded and preliminary drafts of expert

Promega Corp. v. Applera Corp., 2002 WL 32340886 (W.D. Wis. Nov. 27, 2002)

Key Insight: After plaintiffs objected to production of sales database because it was not organized to its liking, and defendants produced two further iterations in an attempt to respond to plaintiffs’ complaints, court denied plaintiff’s motion to compel production of “complete and accurate” database since court “was not convinced that defendants have failed to produce this information, even if it is not in the ideal format plaintiff desires”

Nature of Case: Patent infringement

Electronic Data Involved: Sales database

Superior Consultant Co. v. Bailey, 2000 WL 1279161 (E.D. Mich. Aug. 22, 2000)

Key Insight: Reference to previously entered TRO, ordering, among other things, that the parties neither destroy, alter, modify nor conceal any relevant data, including data stored on computer media, that defendants create and thereafter produce to defense counsel a backup file of defendant Bailey’s laptop computer, and a backup file of any personal computer hard-drive to which defendant Bailey has had access at any time, and that defendants produce a redacted copy of these hard-drive backup files to plaintiff’s counsel within three days after entry of the TRO; subsequent preliminary injunction included similar provisions

Nature of Case: Employer sued former employee for breach of employment contract, tortious interference, misappropriation of trade secrets

Electronic Data Involved: Databases containing sales and customer information

Williams v. Hernandez, 2004 WL 1161318 (S.D.N.Y. May 25, 2004)

Key Insight: Production request for all email to or from individual defendant during specified period was overly broad and burdensome, since plaintiff failed to justify the wholesale production of emails and failed to indicate why there would be relevant information concerning her claims in such emails

Nature of Case: Sex discrimination, negligent hiring and battery

Electronic Data Involved: Email

Byrne v. Byrne, 650 N.Y.S.2d 499 (1996)

Key Insight: Wife’s acts of removing laptop from family home and delivering it to her attorney for safekeeping were not wrongful; court established protocol for inspection and production

Nature of Case: Divorce proceeding

Electronic Data Involved: Financial data stored on laptop provided by husband’s employer

Felham Enter. (Cayman) Ltd. v. Certain Underwriters at Lloyd’s, 2004 WL 2360159 (E.D. La. Oct. 19, 2004)

Key Insight: Where defendant did not timely object to document requests and belated privilege log was inadequate, court determined that attorney-client privilege and work product protection had been waived and ordered production

Nature of Case: Insurance coverage

Electronic Data Involved: Insurer’s computerized “Z-note” file contents related to particular claim

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