Tag: FRCP 26(c) Protective Orders

1
Jenkins v. Sullivan, et al. (S.D. Ohio, 2019)
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Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)
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Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)
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TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)
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d?Amico Dry v. Nikka Finance, Inc. (S.D. Ala., 2018)
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Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)
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Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 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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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

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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Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)

Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part

Nature of Case: Trademark rights, and when TM protection ends

Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories

Keywords: Trademark, trade secrets, modification, proportional, executive

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TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)

Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far

Nature of Case: trademark infringement, unfair competition

Electronic Data Involved: expert information

Keywords: trademark, protective order

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d?Amico Dry v. Nikka Finance, Inc. (S.D. Ala., 2018)

Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice

Nature of Case: Admiralty action

Electronic Data Involved: Videotaped deposition

Keywords: Protective orders, EU,

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Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)

Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations

Nature of Case: Civil Rights

Electronic Data Involved: Cell Phone/Text Messages

Keywords: text messages, phones, service provider, consent, ownership

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Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 2018)

Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations

Nature of Case: Driver’s Privacy Protection Act violation

Electronic Data Involved: e-mails

Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”

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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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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

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