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

Hurley v. BMW of N. Am. LLC (E.D. Pa. Apr. 27, 2021)

Apr 27 2021

Key Insight: The three categories of documents sought by Plaintiff are relevant to the litigation. Further, production of the three categories of documents would not be disproportionate to the needs of the litigation. Production of the documents, which had already been digitized and indexed (and produced) for previous litigation, would be of little expense and/or burden to Defendant. The burden and/or expense of producing the documents do not outweigh the likely benefits of production.

Nature of Case: Product Defects

Electronic Data Involved: Digitized and indexed manuals and other documents

Case Summary

Jul 28 2020

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)

Jun 26 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

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

Mar 20 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;

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

Feb 07 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

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

Jan 17 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

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

Nov 07 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

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

Nov 07 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

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