Tag: FRCP 30(b)(6)

1
Oro BRC4, LLC v. Silvertree Apartments, Nos. 2:19-cv-4907, 2:19-cv-5087 (S.D. Ohio, June 10, 2021).
2
D’Agostin v. Fitness Int’l, LLC (D. Conn. May, 12, 2021)
3
Hall v. Marriott Int’l, Inc. (S.D. Cal. 2021)

Oro BRC4, LLC v. Silvertree Apartments, Nos. 2:19-cv-4907, 2:19-cv-5087 (S.D. Ohio, June 10, 2021).

Key Insight: Plaintiff sought a motion for spoliation sanctions based on defendant’s failure to prepare its Rule 30(b)(6) deponent to testify on topics related to ESI preservation and collection, and for spoliation sanctions related to the failure to preserve ESI. The court granted sanctions for defendant’s failure to prepare its 30(b)(6) designee, finding: “The production of an unprepared witness is tantamount to a failure to appear, and warrants the imposition of sanctions.” Defendant offered its head of IT as the corporate designee. He received the deposition notice less than 72 hours before the deposition, spent about 6 hours preparing to testify (approximately 10 minutes per topic), did not review any documents other than his own emails, and did not speak or communicate with other employees to gather information on the topics he was supposed to testify about. The court ordered a second 30(b)(6) deposition, required defendant to pay the reasonable costs and expenses associated with attending the second deposition and fees for plaintiff’s ESI consultant to attend, and awarded fees associated with having to bring the motion to compel. On the issue of failure to preserve ESI evidence, the court concluded it was premature to address this issue until the second 30(b)(6) deposition, which would cover topics relating to defendant’s litigation hold efforts.

Nature of Case: Breach of contract

Electronic Data Involved: ESI business documents and electronic devices

Case Summary

D’Agostin v. Fitness Int’l, LLC (D. Conn. May, 12, 2021)

Key Insight: The scope of discovery for Plaintiff is limited to requesting information regarding accidents involving falls in locker rooms with tile surfaces in Defendant’s facilities that occurred up to five years prior to the accident giving rise to litigation. Allowing Plaintiff to expand the scope to any tiled floor(s) within Defendant’s facilities would move discovery beyond the focal point of litigation.

Nature of Case: Premises Liability

Electronic Data Involved: N/A

Case Summary

Hall v. Marriott Int’l, Inc. (S.D. Cal. 2021)

Key Insight: This is a putative consumer class action alleging that defendant engaged in false and deceptive advertising in the way it represents the prices for its hotel rooms, services, and amenities. The court granted plaintiff’s motion to compel, finding that the revenue data sought by plaintiffs was relevant to damages—in how damages will be ascertained and how a damages model will be provided. Additionally, discovery regarding the fees charged (including: destination, amenity, resort, destination amenity fee, wi-fi, parking, and other fees) were relevant to understand the nature of the fees and the relationship to defendant’s revenues and determine the scope of the case for settlement discussions. The court also ordered defendant to obtain the requested revenue data from franchised hotels if it has a right to access the financial data through an audit or other contractual provision with the franchisee. Policies and procedures and consumer complaints relating to the charging of fees were also ordered to be produced.

Nature of Case: Consumer Class Action

Electronic Data Involved: Financial Data

Case Summary

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