Oppenheimer v. Episcopal Communicators, Inc. (W.D. N.C. 2020)
Key Insight: The litigation was over Defendant’s purported copyright infringement due to Defendant’s publishing of a copyrighted photograph on its website. Defendant served its first discovery requests on Plaintiff; Plaintiff provided an untimely response with a number of objections including attorney-client privilege (without a privilege log), and “boilerplate objections”. Defendant filed a Motion to Compel, which was granted. Plaintiff provided a supplemental response, however, Defendant filed an additional Motion to Compel, and also sought attorney’s fees for the Motion. Besides privilege, at issue was Plaintiff’s objection to the proportionality of Defendant’s discovery requests.
The Court did not find Plaintiff’s “boilerplate objections”, including proportionality, persuasive. And found that they lack specificity and/or merit. Plaintiff’s objection(s) of confidentiality on the grounds of settlement, proprietary business information was rejected. Similarly, the Court rejected the Plaintiff’s privilege objection(s) due to Plaintiff’s failure to provide a privilege log.
In summary, the Court found that Plaintiff’s assertion of boilerplate objections (and failure to provide a privilege log) consisted of grounds overruling all of his objections. The Court granted Defendant’s Motion to Compel, and similarly, ordered Defendant to provide it an estimate of the attorney’s fees spent on the Motion (for the purpose of awarding Defendant attorney’s fees).
Nature of Case: Intellectual Property, Copyright Infringement
Electronic Data Involved: Digital Photograph