Tag: FRCP 45 Third Party Subpoenas

1
Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)
2
Smith v. TFI Family Services (Kansas, 2019)
3
Man Zhang v. City of New York (SDNY, 2019)
4
Pentel et al v. Shepard et al (D. Minn., 2019)
5
Lotus Indus., LLC v. Archer (E.D. Mich., 2019)
6
U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).
7
Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)
8
Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)
9
Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)
10
Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)

Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

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Man Zhang v. City of New York (SDNY, 2019)

Key Insight: Spoliation, failure to issue Litigation Hold,

Nature of Case: 1983 Civil Rights

Electronic Data Involved: Hard copy, video, telephone recordings

Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve

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Pentel et al v. Shepard et al (D. Minn., 2019)

Key Insight: audit returns requested not proportional since massive burden to non-party

Nature of Case: Driver’s Privacy Protection Act

Electronic Data Involved: LEMS audit returns

Keywords: judge warns of sanctions

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Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing

Nature of Case: RICO and First Amendment Retaliation

Electronic Data Involved: documents

Keywords: fee shifting, undue burden, costs and fees

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U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).

Key Insight: contention that personal information was improperly subpoenaed (without a search warrant) from Google in violation of 4th amendment. Third party doctrine.

Nature of Case: transport of child pornography

Electronic Data Involved: google subscriber information, IP address information

Keywords: motion to suppress, warrantless searches, “special solicitude for location information,” no reasonable expectation of privacy

Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)

Key Insight: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections

Nature of Case: Trade Secret Misappropriation

Electronic Data Involved: documents

Keywords: judge warns of sanctions

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Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)

Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery

Nature of Case: Violation of the Telephone Consumer protection Act of 1991.

Electronic Data Involved: bifurcated discovery, emails, third party telephone records

Keywords: bifurcated discovery, class discovery, stayed discovery,

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Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)

Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.

Nature of Case: lease termination by law enforcement

Electronic Data Involved: text messages

Keywords: release of records, written authorization

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Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)

Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant

Nature of Case: employment dispute

Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail

Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena

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