Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome
Nature of Case: class action unfair competition
Electronic Data Involved: audio files, hard-copy correspondence, archived email
Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality
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”
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: search terms, proportionality
Nature of Case: employment discrimination
Electronic Data Involved: electronic records
Keywords: search terms, boolean connectors
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: Non-party status is significant factor in proportionality analysis, must demonstrate ‘significant expense’ before receiving protection
Nature of Case: Racketeering, Consumer Protection
Electronic Data Involved: Deposition
Keywords: Deposition, transfer, removal, proportionality
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
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