Tag: FRCP 26(c) Protective Orders

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Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)
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Lawson v. Spirit Aerosystems (Kansas, 2020)
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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)
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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
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Taylor v. Kilmer (Northern District of Illionis, 2020)
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Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)
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Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)
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Tafolla v. County of Suffolk, No. CV-17-4897 (E.D.N.Y. July 8, 2019)
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Strough v. General Motors, LLC (District of Colorado, 2019)

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase

Nature of Case: copyright dispute

Electronic Data Involved: phone call recording

Keywords: protective order, confidential phone call, work-product

Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2

Identified Federal Rule(s): 26(b)(3), 37(a)(5)

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Lawson v. Spirit Aerosystems (Kansas, 2020)

Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case

Nature of Case: Employment non-compete agreement

Electronic Data Involved: Electronic records

Keywords: Cost shifting, technology assisted review, TAR, aerospace

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

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Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

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Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

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Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)

Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.

Nature of Case: Unlawful Use of Information

Electronic Data Involved: Source Code, Log Files, File Directory

Keywords: Source Code; Protective Order

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Strough v. General Motors, LLC (District of Colorado, 2019)

Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.

Nature of Case: product liability

Electronic Data Involved: All relevant discovery

Keywords: protective order, sharing provision, class action, similarly situated plaintiff

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