FRCP 34(b) Procedure or Format – Page 4

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

Aug 01 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”

View Case Opinion

Noel et al v. City of New York (S.D.N.Y., 2018)

May 18 2018

Key Insight: Whether Plaintiffs have the right to review a database to determine if it is truly duplicative to what has already been produced.

Nature of Case: Housing discrimination

Electronic Data Involved: duplicative database, “Victor database”

Keywords: Database, duplicative, duplicate, Broad request

View Case Opinion

Ortolani v. Freedom Mortgage Corp., No. 17-cv-1462-JGB (KKK) (C.D. Cal. Apr. 4, 2018)

Apr 04 2018

Key Insight: proportionality, privacy

Nature of Case: labor dispute, class action

Electronic Data Involved: payroll records, electronic documents

Keywords: class action certification, relevance, overbroad

View Case Opinion

U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)

Mar 08 2018

Key Insight: reproduction of files in TIFF format, review production for responsiveness

Nature of Case: False Claims Act

Electronic Data Involved: emails, electronically stored documents, transaction data

Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number

View Case Opinion

Apex Colors, Inc. v. Chemworld International Limited, Inc. (N.D. Ind., 2018)

Mar 03 2018

Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.

Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy

Electronic Data Involved: Forensic Image of Laptop

Keywords: forensic image; date-limited, third party

View Case Opinion

Shenwick v. Twitter Inc., No. 16-cv-05314-JST (N.D. Cal. Feb. 7, 2018)

Feb 07 2018

Key Insight: Private messages between individuals that are not defendants are protected from discovery through the Stored Communications Act even if the providing company itself is the named defendant

Nature of Case: Class action securities fraud

Electronic Data Involved: Electronic messages (twitter direct messages)

Keywords: Class action, direct message, twitter, stock

View Case Opinion

Wesley Corporation, et al., v. Zoom T.V. Products, LLC, et al., No. 2:17-cv-10021-RHC-SDD (E.D. Mich. Jan. 11, 2018)

Jan 11 2018

Key Insight: Boilerplate objections to discovery requests can lead to sanctions without being specifically tailored to the request

Nature of Case: Intellectual Property (patent and trademark infringement), breach of contract

Electronic Data Involved: Electronic data

Keywords: boilerplate, obstructionism, objections

View Case Opinion

Tsanacas v. Amazon.com, Inc., No. 17-CV-00306 (E.D. Tex. Jan. 8, 2018).

Jan 08 2018

Key Insight: Boilerplate objections were not enough to determine that requests were overly burdensome. Defendant needed to specify so court could determine.

Nature of Case: Privacy Rights, Stored Communications Act, Computer Fraud and Abuse Act

Electronic Data Involved: Amazon Account

Keywords: burdensome, boilerplate objections

View Case Opinion

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

Jan 03 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

View Case Opinion

Alexis v Rogers, No. 15cv691-CAB (BLM), 2017 WL 1073404 (S.D. Cal. Mar. 21, 2017)

Dec 01 2017

Key Insight: Addressing Defendant?s request for forensic examination of Plaintiff?s computer as part of its Omnibus Discovery Motion, court noted Plaintiff?s testimony that her computer had crashed three times resulting in the loss of access to certain information, the fact that ?the majority? of Plaintiff?s work for Defendants was conducted remotely via computer, and the fact that Defendants were willing to pay for the examination, and concluded that Defendants had provided a ?legal basis justifying their request? but noted Defendant?s failure to provide sufficient information regarding the devices at issue, the identity or qualifications of the forensic expert or any details regarding the protocol or specifics of what to search for and thus denied the motion without prejudice

Nature of Case: Intentional and negligent infliction of emotional distress, sexual harassment, and retaliatory, wrongful termination, etc.

Electronic Data Involved: Forensic examination of computer

Tag:FRCP 34(b) Procedure or Format