Tag: FRCP 34(b) Procedure or Format

1
Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021)
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Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021)
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White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)
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NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)
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Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)
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Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)
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True Freight Logistics LLC et al v. Global Tranz Enterprises Incorporated et al (D. Ariz., 2019)
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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
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Ice Cube Building, LLC v. Scottsdale Insurance Company (D. Conn., 2019)

Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021)

Key Insight: Plaintiffs sought a protective order to prevent defendant from obtaining ESI from five different social media platforms they were active on. The court found that while a plaintiff’s social media postings could be relevant to a claim for “garden variety” emotional distress damages, some caution was necessary, such that a “deeper dive” into social media postings may be justified only in cases involving “severe and specific emotional distress” allegations. Since plaintiff alleged “garden variety” emotional distress stemming from defendant’s allegedly wrongful conduct, the discovery must be narrowed as follows: “specific references to serious, non-transient emotional distress in connection with the incidents described in their Complaint,” i.e., diagnosable conditions, visits to professionals for treatment of distress, treatment regimens and conversations regarding same; time frame limited from date contained in complaint of onset of difficulties to the date of filing of complaint; production limited to information found in a typical download of data from plaintiffs’ own accounts and plaintiffs “need not engage in extraordinary efforts in obtaining responsive information.”

Nature of Case: Employment discrimination

Electronic Data Involved: Social media posts

Case Summary

White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)

Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory

Nature of Case: employment discrimination

Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures

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NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)

Key Insight: who bears the burden of paying for translation of foreign language documents

Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference

Electronic Data Involved: foreign language documents

Keywords: foreign language, translation, machine translation, burden to pay

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Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.

Nature of Case: workplace discrimination

Electronic Data Involved: text messages

Keywords: personal device, text message, obligation to preserve

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

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