Tag: FRCP 26(b)(2)(b) “Not Reasonably Accessible”

1
Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)
2
OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)
3
Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)
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Satmodo, LLC v. Whenever Communications, LLC, 3:17-cv-192-AJB-NLS (S.D. Cal. July 20, 2018)
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Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)
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North Shore-Long Island Jewish Health Systems, Inc. v. Multiplan, Inc., No. 12-cv-1633 (JMA) (AKT) (E.D.N.Y. Mar. 28, 2018).
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Equal Emp’t Opportunity Comm’n v. FedEx Ground Package Sys., Inc., No. 2:15-cv-00256-MRH (W.D. Pa. March 21, 2018)
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Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
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Klein v. Board of Trustees (D. Alaska, 2017)
10
Hallmark Insurance Company v. Maxum Casualty Insurance Company, 6:16-cv-2063-Orl-37GJK (Florida, Middle District, 2017)

Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

View Case Opinion

OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)

Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.

Nature of Case: Patent Infringement

Electronic Data Involved: Stubbed E-mail Attachments

Keywords: Restoration, undue burden, bad faith, cost shifting

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Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)

Key Insight: forensic examination should be ?the exception, not the rule.?

Nature of Case: employment, FMLA

Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination

Keywords: social media, text messages, forensic examination, FMLA

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Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)

Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms

Nature of Case: Patent infringement

Electronic Data Involved: Electronic documents

Keywords: Webasto, Jeep,

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North Shore-Long Island Jewish Health Systems, Inc. v. Multiplan, Inc., No. 12-cv-1633 (JMA) (AKT) (E.D.N.Y. Mar. 28, 2018).

Key Insight: requiring creation of new documents, proportionality

Nature of Case: breach of contract

Electronic Data Involved: electronic records

Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order

Identified Local Court Rule(s): Loc. Civ. R. 37.1

View Case Opinion

Equal Emp’t Opportunity Comm’n v. FedEx Ground Package Sys., Inc., No. 2:15-cv-00256-MRH (W.D. Pa. March 21, 2018)

Key Insight: Inconvenient is not unreasonable or burdensome wrt e-discovery

Nature of Case: Employment discrimination

Electronic Data Involved: Emails

Keywords: smoking gun,

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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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Klein v. Board of Trustees (D. Alaska, 2017)

Key Insight: ESI does not need to be produced if it is from sources not reasonably accessible on account of undue burden or cost.

Nature of Case: medical fees

Electronic Data Involved: medicare documents, etc

Keywords: undue burden, not reasonably accessible, third party requests

View Case Opinion

Hallmark Insurance Company v. Maxum Casualty Insurance Company, 6:16-cv-2063-Orl-37GJK (Florida, Middle District, 2017)

Key Insight: work product protection does not apply to investigation or handling of underlying claim in a bad faith case.

Nature of Case: bad faith insurance claim

Electronic Data Involved: Insurance claim file including work product and possibly privileged documents

Keywords: work product, underlying claim, investigation, bad faith, privilege log

View Case Opinion

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