Tag: FRCP 26(b)(2)(C) Limitations

1
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
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In re Verizon Wireless (D. Md., 2019)
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Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)
4
Beseke v. Equifax Information Services, LLC, No. 17-CV-4971-DWF-KMM (D. Minn, 2018)
5
Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)
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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 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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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)
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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
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Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

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

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Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)

Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant

Nature of Case: employment dispute

Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail

Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena

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Beseke v. Equifax Information Services, LLC, No. 17-CV-4971-DWF-KMM (D. Minn, 2018)

Key Insight: accessibility of data

Nature of Case: Violations of the FCRA

Electronic Data Involved: information related to similar lawsuits and consumer complaints

Keywords: data, searchable, accessible, access*, undue burden,

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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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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)

Key Insight: Undue burden or cost of discovery alleged by defendant.

Nature of Case: antitrust class action

Electronic Data Involved: ESI searches upon 12 custodians

Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.

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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

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Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case

Nature of Case: personal injury, Jones Act

Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history

Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”

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