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
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
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: production of ESI that party lacks possession of
Nature of Case: breach of contract
Electronic Data Involved: flash drive
Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party
Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45
Nature of Case: breach of contract, bad faith, unjust enrichment, fraud
Electronic Data Involved: electronic records
Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
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