Tag: Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015)

1
2
US EEOC v The George Washington University (D.D.C. 2020)
3
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
4
Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)
5
White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)
6
Taylor v. Kilmer (Northern District of Illionis, 2020)
7
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
8
Grey Oaks Country Club, Inc. v. Zurich Am. Ins. Co., No. 2:18-cv-639-FtM-99NPM (M.D. Fla., 2019)
9
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
10
Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)

Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

View Case Opinion

Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

View Case Opinion

Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)

Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs

Nature of Case: Wrongful termination

Electronic Data Involved: Social media posts

Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media

View Case Opinion

White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)

Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory

Nature of Case: employment discrimination

Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures

View Case Opinion

Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

View Case Opinion

Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

View Case Opinion

Grey Oaks Country Club, Inc. v. Zurich Am. Ins. Co., No. 2:18-cv-639-FtM-99NPM (M.D. Fla., 2019)

Key Insight: Plaintiff claimed Defendant had not fully compensated for loses. Defendant claimed all monies owed under insurance contract had been paid. When discovery still remains on issues on summary judgment, summary judgment is premature.

Nature of Case: Insurance Coverage Dispute

Electronic Data Involved: Various discovery responses related to damage amounts

Keywords: summary judgment

View Case Opinion

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

View Case Opinion

Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)

Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.

Nature of Case: Fair Labor Standards Act

Electronic Data Involved: text messages

Keywords: Texts; proportionality

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.