Tag: FRCP 26(c) Protective Orders

1
The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, Et Al. (Middle District of Louisana, 2018)
2
Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)
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Par Pharm., Inc. v. Express Scripts Specialty Distribution Servs., Inc., No. 4:17MC510 RLW, 2018 WL 264840 (E.D. Mo. Jan. 2, 2018)
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Duffy v. Lawrence Mem?l Hosp., No. 2:14-v-2256-SAC-TJJ, 2017 WL 1277808 (D. Kan. Mar. 31, 2017)
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Lowrey v. Oregon Mut. Ins. Co., No. 2:17-cv-00831-RSL, 2017 WL 3769424 (Washington, Western District, 2017)
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Borum v. Smith, No. 17-CV-00017-JHM, 2017 WL 3014487 (W.D. Ky. July 14, 2017)
7
Abbott v. Wyoming Cty. Sheriff?s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017)
8
Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)
9
Scott v. Eglin Fed. Credit Union (N.D. Fla., 2017)
10
Duffy v. Lawrence Memorial Hospital (D. Kansas , 2017)

The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, Et Al. (Middle District of Louisana, 2018)

Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)

Nature of Case: Contract breach

Electronic Data Involved: Electronic documents/communications

Keywords: Backup tapes, proportionality, catastrophic failure

View Case Opinion

Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)

Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments

Nature of Case: Labor Standards Class Action

Electronic Data Involved: third party electronic payroll data

Keywords: FRCP 2015 amendments, electronically readable fomat

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Par Pharm., Inc. v. Express Scripts Specialty Distribution Servs., Inc., No. 4:17MC510 RLW, 2018 WL 264840 (E.D. Mo. Jan. 2, 2018)

Key Insight: motion to compel production of documents including confidential patient information

Nature of Case: patent infringement

Electronic Data Involved: database maintained by non-party

Keywords: undue burden and expense on a non-party, subpoena duces tecum

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Duffy v. Lawrence Mem?l Hosp., No. 2:14-v-2256-SAC-TJJ, 2017 WL 1277808 (D. Kan. Mar. 31, 2017)

Key Insight: Despite previously ordering production of ESI, court considered motion for protective order by defendant after the ?enormity of the task became apparent? and granted the motion in light of defendant?s presentation of evidence showing that responding to the at-issue requests would take 8,982 hours of work at a cost of $230,000, if accomplished by contract staff; court indicated that it found ?merit? in Defendant?s proposal to provide a random sample of the at-issue information ?from a standpoint of accuracy,? reasoning that ?human error would be a realistic factor? if Defendant were to employ contract workers to conduct a manual review of all of the records under time constraints

Electronic Data Involved: Electronic hospital records

Lowrey v. Oregon Mut. Ins. Co., No. 2:17-cv-00831-RSL, 2017 WL 3769424 (Washington, Western District, 2017)

Key Insight: The Stipulated Protective Order is too broad and is not consistent with the RCP

Nature of Case: Transgender/sex employment discrimination

Electronic Data Involved: confidential documents, Stipulated Protective Order

Keywords: Stipulated Protective Order, confidential, Rules of Civil Procedure

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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

View Case Opinion

Abbott v. Wyoming Cty. Sheriff?s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017)

Key Insight: Discovery had been completed in September 2016. In February 2017, at deposition, additional on-going claims were presented. Court specified search terms to use against 3 custodians for the additional time frame.

Nature of Case: American with Disabilities; Employment Discrimination

Electronic Data Involved: E-mail

Keywords: Search Terms, Supplemental Production; Additional Discovery

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Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)

Key Insight: Limiting the scope of discovery requests for full social media account history

Nature of Case: personal injury

Electronic Data Involved: Facebook account history

Keywords: social media, Facebook, proportionality, burdensome discovery

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Scott v. Eglin Fed. Credit Union (N.D. Fla., 2017)

Key Insight: Discovery of these things was blocked, since they were ruled to be only marginally relevant compared to the time and expense it would take to produce them.

Nature of Case: Employment Discrimination

Electronic Data Involved: emails and text messages

Keywords: relevance, marginal relevance, time and expense

View Case Opinion

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