Tag: FRCP 34(b) Procedure or Format

1
Halleen v. Belk, Inc., No. 4:16-CV-55 (E.D. Tex. Aug. 6, 2018)
2
Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 2018)
3
Noel et al v. City of New York (S.D.N.Y., 2018)
4
Ortolani v. Freedom Mortgage Corp., No. 17-cv-1462-JGB (KKK) (C.D. Cal. Apr. 4, 2018)
5
U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)
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Apex Colors, Inc. v. Chemworld International Limited, Inc. (N.D. Ind., 2018)
7
Shenwick v. Twitter Inc., No. 16-cv-05314-JST (N.D. Cal. Feb. 7, 2018)
8
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)
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Tsanacas v. Amazon.com, Inc., No. 17-CV-00306 (E.D. Tex. Jan. 8, 2018).
10
Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)

Halleen v. Belk, Inc., No. 4:16-CV-55 (E.D. Tex. Aug. 6, 2018)

Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse

Nature of Case: Fair Labor Standards Act (FLSA) collective action

Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content

Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive

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

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

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

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

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

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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)

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

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

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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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