Tag:FRCP 34(b) Procedure or Format

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Rockwell Medical, Inc. v. Richmond Brothers, Inc. (E.D. Mich., 2017)
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Wal-Mart Stores, Inc. v. Texas Alcoholic Beverages Commission, et al., No. 15-00134 (W.D. Texas, Apr. 10, 2017)
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Bird v. Wells Fargo Bank (E.D. Cal., 2017)
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Liguria Foods, Inc. v. Griffith Laboratories, Inc., C 14-3041-MWB (N.D. Iowa Mar. 13, 2017)
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Fischer v. Forrest (SDNY, 2017)
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Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind. Feb. 17, 2017)
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Morgan Hill Concerned Parents Assoc. v. California Dept. of Education (Eastern District of California, 2017)
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Ortega v. Management and Training Corp. (D. N.M., 2017)
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Singh et al. v. Hancock Natural Resources Group, Inc. et al. (E.D. Cal., 2016)
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McKinney/Pearl Rest. Partners, L.P. v. Metro. Life Ins. Co., No. 3:14-cv-2498-B, 2016 WL 98603 (N.D. Tex. Jan. 8, 2016)

Rockwell Medical, Inc. v. Richmond Brothers, Inc. (E.D. Mich., 2017)

Key Insight: Can discovery be given an expedited time table in order to precede a preliminary injunction hearing? Is it proportional?

Nature of Case: Legislation on violations of the Securities and Exchange Act of 1934

Electronic Data Involved: Depositions and documents (defined very broadly)

Keywords: Preliminary injunction, expedited discovery, proportionality, unduly burdensome

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Wal-Mart Stores, Inc. v. Texas Alcoholic Beverages Commission, et al., No. 15-00134 (W.D. Texas, Apr. 10, 2017)

Key Insight: Plaintiff objected to discovery requests and added that it was withholding documents pursuant to this objection . Judge suggested a clearer response would have been preferred, but denied motion to compel.

Nature of Case: State Statute Constitutionality

Electronic Data Involved: ESI – Communications and Documents

Keywords: Objection; Withhold

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Bird v. Wells Fargo Bank (E.D. Cal., 2017)

Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails

Nature of Case: Employment Discrimination

Electronic Data Involved: ESI; email; SMS; Text messages

Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery

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Liguria Foods, Inc. v. Griffith Laboratories, Inc., C 14-3041-MWB (N.D. Iowa Mar. 13, 2017)

Key Insight: Attorneys on both sides had used multiple boilerplate objections when responding to discovery requests. Judge considered sanctions, but did not sanction either side. Was to be considered a warning about using boilerplate objections though.

Nature of Case: Breach of Warranty

Electronic Data Involved: Various ESI

Keywords: boilerplate; objections

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Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind. Feb. 17, 2017)

Key Insight: Defendant produced in format requested by Plaintiff. Plaintiff filed motion to compel on grounds documents not matched up to requests. Due to burden on Defendant and lack of prejudice to Plaintiff, Defendant not required to change format of production.

Nature of Case: Breach of Contract

Electronic Data Involved: ESI Production

Keywords: Format; ordinary course of business

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Ortega v. Management and Training Corp. (D. N.M., 2017)

Key Insight: Can documents be compelled to be produced in multiple formats, or in a certain specified format?

Nature of Case: Employment

Electronic Data Involved: Business documents, personnel files

Keywords: Multiple formats, native format

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McKinney/Pearl Rest. Partners, L.P. v. Metro. Life Ins. Co., No. 3:14-cv-2498-B, 2016 WL 98603 (N.D. Tex. Jan. 8, 2016)

Key Insight: In this case, the court addressed Plaintiff?s motion to compel ?the production and organization of certain documents and metadata? and considered the applicability of Fed. R. Civ. P. 34(b)(2)(E)(i) and (ii) to the production of electronically stored information. Ultimately, ?[t]he Court [found] persuasive the analysis that, where Rule 34(b)(2)(E)(i) addresses the organization of a production and Rule 34(b)(2)(E)(ii) specifically addresses the form for producing ESI (where form of production is inherently not an issue with hard-copy documents), and in light of the purposes of the 2006 amendments to Rule 34 and of Rule 34(b)(2)(E)(i)?s requirements, Rules 34(b)(2)(E)(i) and 34(b)(2)(E)(ii) should both apply to ESI productions.?

Nature of Case: Breach of commercial lease agreement

Electronic Data Involved: ESI

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