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

1
Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)
2
UnitedHealthcare of Fla., Inc. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017)
3
Donlin v. Petco Animal Supplies Stores, Inc., No. CIV 17-0395 JCH/JHR (D.N.M. Oct. 10, 2017)
4
Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)
5
RCarter v. H2R Restaurant Holdings (N.D. Tex., 2017)
6
Borum v. Smith, No. 17-CV-00017-JHM, 2017 WL 3014487 (W.D. Ky. July 14, 2017)
7
Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).
8
Hawa v. Coatesville Area Sch. Dist., No. 15-4848 (E.D. Pa. Mar. 16, 2017)
9
Brand Services, LLC v. Irex Corp. (E.D. La., 2017)
10
Navajo Nation v. Urban Outfitters, No. 12cv0195, 2015 WL 11089521(D.N.M. June 10, 2016)

Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)

Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);

Nature of Case: Fifth Amendment, taking private property without just compensation

Electronic Data Involved: 1500 documents

Keywords: quick peek, privileged, taking, unjust compensation

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UnitedHealthcare of Fla., Inc. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017)

Key Insight: Court had permitted Defendants to select an additional 16 custodians and 12 additional search terms. Plaintiff moved for reconsideration being concerned about amount that would be produced. Court denied reconsideration, urged cooperation and clarified that earlier limits on discovery applied to new materials as well.

Nature of Case: Fraud

Electronic Data Involved: E-mails, Documents

Keywords: search terms; cooperation; additional custodians; additional terms

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Donlin v. Petco Animal Supplies Stores, Inc., No. CIV 17-0395 JCH/JHR (D.N.M. Oct. 10, 2017)

Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.

Nature of Case: workplace discrimination

Electronic Data Involved: General request for production and interrogatories

Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy

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Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)

Key Insight: Failing to prove even an estimate of the burden costs of discovery will not protect against discovery

Nature of Case: Civil rights (police misconduct)

Electronic Data Involved: Emails

Keywords: Homan square, Chicago Police Department, off the grid,

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RCarter v. H2R Restaurant Holdings (N.D. Tex., 2017)

Key Insight: failure to meet and confer, failure to adequately respond to interrogatories

Keywords: unspecified sanction, automatic sanctions, proportionality

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Borum v. Smith, No. 17-CV-00017-JHM, 2017 WL 3014487 (W.D. Ky. July 14, 2017)

Key Insight: mere statement that disclosure would provide competitors with advantage doesn’t satisfy elements of trade secret.

Nature of Case: medical negligence

Electronic Data Involved: electronic health record (EHR) system

Keywords: confidential and proprietary trade secrets, protective order

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Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).

Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.

Nature of Case: declaratory judgment and bad faith

Electronic Data Involved: underwriters claim file

Keywords: admissability; proportionality; extrinsic evidence

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Hawa v. Coatesville Area Sch. Dist., No. 15-4848 (E.D. Pa. Mar. 16, 2017)

Key Insight: All data stored as picture files therefore unsearchable

Nature of Case: Employment Discrimination

Electronic Data Involved: “picture files”; text messages; email; ESI; hard drives; database

Keywords: Cost shifting; Inaccessible; data stored as picture files; searchablity

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Brand Services, LLC v. Irex Corp. (E.D. La., 2017)

Key Insight: How much access of a party’s electronic information system does rule 34(a) give a party?

Nature of Case: Trade secrets

Electronic Data Involved: Responsive documents

Keywords: ESI protocol, Forensic images, overly broad

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Navajo Nation v. Urban Outfitters, No. 12cv0195, 2015 WL 11089521(D.N.M. June 10, 2016)

Key Insight: Court compelled limited production from backup tapes and declined to shift costs despite Defendant?s production of archived emails where Defendant failed to turn off its auto-purge and the purged emails would not, therefore, be located in the archive and where Defendant failed to specify the alleged burden and expense and Plaintiff agreed to limit their request; Defendant was required to search its SharePoint site where it utilized the site to communicate with employees, where many documents referred to the SharePoint, and where Defendant did not claim that the information was not reasonably accessible

Nature of Case: Trademark

Electronic Data Involved: Backup tapes, SharePoint

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