Search Results for “proportionality” – Page 11

E.D. Michigan Approves Model Order Relating to the Discovery of Electronically Stored Information & a Meet and Confer Checklist for Pilot Use

Sep 27 2013

The judges of the United States District Court for the Eastern District of Michigan have announced the approval, “on a pilot period basis,” of a Model Order Relating to the Discovery of Electronically Stored Information and a Rule 26(f) meet and confer checklist. “It is within the judicial officer’s discretion whether these materials may be used.”

The Model Order sets forth a series of principles which address a myriad of issues including cooperation, proportionality, the duty to meet and confer, preservation, the identification of electronically stored information (ESI) and format of production, among others. The checklist sets forth a series of potential topics to be discussed at the parties’ meet and confer.

Court Declines to Compel Response to “Ultra-Broad” Request for Passwords and User Names or Allow “Exhaustive Forensic Examination” of Computers

Sep 20 2013

NOLA Spice Designs, LLC v. Haydel Enters., Inc., No. 12-2515, 2013 WL 3974535 (E.D. La. Aug. 2, 2013)

In this trademark infringement case, Defendant sought to compel Plaintiff and its principal (a third-party defendant) to produce “passwords and user names to all online web sites related to the issues in this litigation” and to compel Plaintiff and its principal to “submit their computers to an exhaustive forensic examination.” Because the request for passwords and user names was “ultra-broad” and would allow Defendant to “roam freely through all manner of personal and financial data” and because Defendant “failed sufficiently to justify the broad forensic computer examination it request[ed],” the court denied the motion.

Citing the Lack of a Clear Distinction between the Two Tiers of Discovery, Court Adopts “Practical Approach” for Addressing Disputes over Scope

Jul 29 2013

DCP Midstream LP v. Anadarko Petroleum Corp., —P.3d—, 2013 WL 3225846 (Colo. June 24, 2013)

In this breach of contract case, the Colorado Supreme Court addressed the court’s role in managing the scope of discovery under Colorado Rule of Civil Procedure 26(b)(1)—which was amended in 2002 “to conform to its federal counterpart.” The court concluded that “when a scope objection is raised, C.R.C.P. 26(b) requires the trial court to take an active role managing discovery and to determine the appropriate scope of discovery in light of the reasonable needs of the case,” and held that “to resolve a dispute regarding the proper scope of discovery in a particular case, the trial court should, at a minimum, consider the cost-benefit and proportionality factors set forth in C.R.C.P. 26(b)(2)(F).”

No Sanctions for Routine Deletion of Text Messages “so as not to unduly encumber” Cell Phones

Jul 17 2013

PTSI, Inc. v. Haley,—A.3d—, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013)

Plaintiff sued its former employees after they opened a competing sports training facility. In the course of litigation, Plaintiff sought sanctions for Defendants’ alleged spoliation of ESI, including text messages. The trial court found that “the level of importance and complexity of the issues did not weigh in favor of imposing sanctions and that the deleted material was not relevant or important to its decision” and dismissed the claim for sanctions. On appeal, the appellate court found no abuse of discretion and affirmed the order.

Volume, Expense Insufficient to Show ESI is Inaccessible, “Rather, the cost or burden must be associated with some technological feature that inhibits accessibility.”

Apr 19 2013

W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, No. CIV. 11-2271 GAG, 2013 WL 1352426 (D.P.R. Apr. 3, 2013)

In this case the court addressed competing proposed protocols for the discovery of electronically stored information and declined to approve a provision that would require cost-shifting, among others. Notably, the court rejected the argument that the at-issue ESI was inaccessible (thus justifying cost-shifting) because the responding party did not show “that access to [the data] is hindered by any unique technological hurdles.”

Chen-Oster v. Goldman, Sachs & Co., No. 10 Civ. 6950(LBS)(JCF), 2012 Wl 3964742 (S.D.N.Y. Sept. 10, 2012)

Dec 01 2012

Key Insight: Court addressed in depth a myriad of important discovery issues (e.g. ?phasing, sampling, and proportionality?); as to the question of reasonable accessibility, court clarified that a showing of undue burden alone is insufficient to establish inaccessibility and that the alleged burden must be ?associated with some technological feature which inhibits accessibility? and, noting that defendant?s databases were not inaccessible because of such a feature, found that rule 26(b)(2)(B) presented ?no barrier? to discovery of the at-issue databases; turning to the question of proportionality pursuant to Rule 26(b)(2)(C), court focused on section (iii) and, after discussing options to lessen Defendant?s burden, including sampling or a ?document dump,? found that most ESI was subject to production for reasons including the importance of the information to the case, the high financial stakes and Defendant?s ?ample resources,? the importance of the issues being litigated, and Defendant?s exaggeration of the burden and the inadequacy of proposed alternatives

Nature of Case: Putative class action asserting gender discrimination by employer

Electronic Data Involved: Database content

Fisher v. Fisher, No. WDQ-11-11038, 2012 WL 2050785 (D. Md. June 5, 2012)

Dec 01 2012

Key Insight: After carefully laying out the law surrounding document requests/productions, court evaluated plaintiff?s motion to compel and, invoking principles of proportionality, granted in part and denied in part the motion

Electronic Data Involved: ESI

Pennsylvania Amends Rules to Incorporate Discovery of Electronically Stored Information

Jun 12 2012

Last week, Pennsylvania became the most recent state to amend its civil rules to address the discovery of electronically stored information. Unlike many other states, however, Pennsylvania’s Civil Procedural Rules Committee has made clear in its explanatory comment that despite the adoption of the term “electronically stored information,” “there is no intent to incorporate federal jurisprudence surrounding the discovery of electronically stored information.” Instead, “[t]he treatment of such issues is to be determined by traditional principles of proportionality under Pennsylvania law . . . .” The comment goes on to more fully discuss the “Proportionality Standard” and its application to electronic discovery, as well as “Tools for Addressing Electronically Stored Information,” including, for example, “sampling, cost sharing and non-waiver agreements.”

Magistrate Judge Peck Issues Written Opinion Addressing Computer-Assisted Review

Feb 27 2012

Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012)

Magistrate Judge Andrew Peck issued an opinion on Friday, February 24, 2012, approving of the use of computer-assisted review of electronically stored information (“ESI”) by the parties in this case. The opinion, which discusses both the details of the underlying case and the topic of computer-assisted review more generally, addresses a myriad of issues including how computer-assisted review works (generally) and what benefits it may provide. The court appears to be the first to recognize that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases.”

On Appeal, KPMG Ordered to Continue Preservation of more than 2500 Hard Drives

Feb 09 2012

Pippins v. KPMG LLP, —F.R.D.—, 2012 WL 370321 (S.D.N.Y. Feb. 3, 2012)

In this opinion, the District Court found the Magistrate Judge’s order requiring defendant’s preservation of more than 2500 hard drives was not clearly erroneous or contrary to law. Finding objections to the order moot, however, because plaintiffs’ motion for conditional certification of a nationwide class was granted, the court denied defendant’s motion for a protective order and ordered preservation of the hard drives until the parties could agree on a sampling methodology, until defendant abandoned a particular litigation position, or until members of each relevant class were established.

Search Results For -proportionality