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

1
Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke (S.D. Fla, 2019)
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Pentel et al v. Shepard et al (D. Minn., 2019)
3
Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).
4
Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
5
Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)
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Washington v. Geo Group, Inc. (District Court of Western Washington, 2019)
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In Re: MacBook Keyboard Litigation (N.D. Cal. , 2019)
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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)
9
Doe 1 et al v. City of Chicago (N.D. Ill., 2019)
10
Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)

Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke (S.D. Fla, 2019)

Key Insight: A settlement agreement can be discoverable

Nature of Case: Discoverability of settlement agreement

Electronic Data Involved: Settlement Agreement

Keywords: Settlement agreement, confidentiality, sweetheart deal

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Pentel et al v. Shepard et al (D. Minn., 2019)

Key Insight: audit returns requested not proportional since massive burden to non-party

Nature of Case: Driver’s Privacy Protection Act

Electronic Data Involved: LEMS audit returns

Keywords: judge warns of sanctions

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Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).

Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.

Nature of Case: Privacy

Electronic Data Involved: Driver License Database Access Records

Keywords: access records, non-party, burden

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Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).

Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.

Nature of Case: Contract

Electronic Data Involved: Text Messages

Keywords: clawback, relevance

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Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Key Insight: whether failure to provide text messages talked was spoliation of evidence

Nature of Case: employment discrimination

Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages

Keywords: text messages, forensic imaging of cell phone, spoliation

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In Re: MacBook Keyboard Litigation (N.D. Cal. , 2019)

Key Insight: Court did not grant motion to allow only TAR review but ordered cost estimate for cost shifting if requesting party proceeds with insisting review of 100k documents with 1-2% relevance rate

Keywords: low responsive rate and TAR

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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)

Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.

Nature of Case: bankruptcy

Electronic Data Involved: Law firm investigative records and forensic accounts

Keywords: work-product, mental impressions, investigative records

View Case Opinion

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