Tag: Format Of Production

1
McDonnel Group, LLC v. Starr Surplus Lines Ins. Co. et al, 2:18-cv-01380-JTM-JCW (E.D. La. Oct. 3, 2018)
2
In Re Syngenta AG MIR 162 Corn Litigation, MDL 2591, No. 16-2788-JWL (D. Kan. Sept. 25, 2018)
3
Price v. Synapse Grp. Inc. (Southern District California, 2018)
4
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
5
In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)
6
TMJ Grp., LLC v. IMCMV Holdings, No. 17-4677 (E.D. La. April 6, 2018)
7
U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)
8
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
9
Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)
10
Johnson v. Ford Motor Co. (S.D. W. Va. , 2017)

In Re Syngenta AG MIR 162 Corn Litigation, MDL 2591, No. 16-2788-JWL (D. Kan. Sept. 25, 2018)

Key Insight: Converting native documents to a specified type not objected to in an earlier order is not overly burdensome

Nature of Case: Corn litigation

Electronic Data Involved: Electronic documents

Keywords: Corn, TIFF, native format, bates stamping

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Price v. Synapse Grp. Inc. (Southern District California, 2018)

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

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Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)

Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.

Nature of Case: unpaid wages and overtime claims collective action

Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages

Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

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TMJ Grp., LLC v. IMCMV Holdings, No. 17-4677 (E.D. La. April 6, 2018)

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

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U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)

Key Insight: reproduction of files in TIFF format, review production for responsiveness

Nature of Case: False Claims Act

Electronic Data Involved: emails, electronically stored documents, transaction data

Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number

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Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

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Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)

Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments

Nature of Case: Labor Standards Class Action

Electronic Data Involved: third party electronic payroll data

Keywords: FRCP 2015 amendments, electronically readable fomat

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