Lack of Cooperation / Inaccurate Representations – Page 31

Universal Del., Inc. v. Comdata Corp., 2010 WL 1381225 (E.D. Pa. Mar. 31, 2010)

Dec 01 2010

Key Insight: Where third-party (and former defendant) signed stipulation to preserve and produce ESI as if still a party to the litigation and later sought reimbursement for the review and production of data in a particular database, court ordered a database be created comprised of the four custodians at issue, that plaintiff pay $4085 to the vendor as a ?start-up fee? (pursuant to their agreement to do so), and that plaintiff and third-party split the remaining costs of creating the database, but ordered third-party to bear the costs of its own review prior to production

Nature of Case: Antitrist litigation

Electronic Data Involved: Database

Harkabi v. Sandisk Corp., 08 Civ. 8203 (WHP) (S.D.N.Y. Aug, 23, 2010)

Dec 01 2010

Key Insight: For failing to preserve the laptops issued to plaintiffs while working for defendant, the court found defendant was ?at a minimum? negligent and indicated that an adverse inference would be crafted after all the evidence had been received. For ?prolonged delay? in producing relevant emails the court denied terminating sanctions but ordered monetary sanctions in the amount of $150,000

Nature of Case: Breach of contract, breach of implied covenant of good faith and fair dealing

Electronic Data Involved: Data on laptops, emails

Revello v. Med-Data Infotech USA, Inc., 2010 WL 4967968 (Fla. Dist. Ct. App. Dec. 8, 2010)

Dec 01 2010

Key Insight: Court quashed order directing production of defendant?s source code where, despite claiming misappropriation of its trade secret, plaintiff declined to produce its own source code and thus ?neither identified with reasonable particularity the nature of its claimed trade secret nor established that it exists? and was therefore not entitled to the source code it sought from the defendant

Nature of Case: Misappropriation of trade secret

Electronic Data Involved: Source code

Susquehanna Commercial Finance, Inc. v. Vascular Res., Inc., No. 1:09-CV-2012, 2010 WL 4973317 (M.D. Pa. Dec. 1, 2010)

Dec 01 2010

Key Insight: Despite a prior agreement between plaintiff?s counsel and former defense counsel that parties would produce documents on disc or in hard copy, court ordered production of ESI in electronic format citing the ?halting nature of this action since it commenced, the questions that have come up regarding the sufficiency of Plaintiff?s production and efforts to identify responsive documents, and the absence of any showing that responding [to] Defendants? request for ESI would be unduly burdensome?

Nature of Case: Action to recover monies advanced

Electronic Data Involved: ESI

Secure Energy, Inc. v. Coal Synthetics, 2010 WL 597388 (E.D. Mo. Feb. 17, 2010)

Dec 01 2010

Key Insight: Court denied plaintiffs? motion to compel re-production of ESI in native format because the motion was untimely filed but went on to find that defendants? production of ESI in .PDF format was reasonable absent plaintiffs? request for production in native format and that compelling re-production would prejudice defendants where the metadata produced would likely necessitate additional expert involvement and discovery resulting in an adjustment to the case management schedule

Electronic Data Involved: ESI

Global Naps, Inc. v. Verizon New England d/b/a Verizon Mass., 603 F.3d 71 (1st Cir. 2010)

Dec 01 2010

Key Insight: District court did not abuse discretion in ordering default judgment as sanction for discovery violations where evidence indicated that defendants lied to the court regarding its record keeping practices and the timing of their alleged ?loss? of financial records and withheld and destroyed financial records, including intentionally wiping relevant evidence from a hard drive using scrubbing software

Nature of Case: Litigation arising from defendants’ failure to pay access charges for services provided

Electronic Data Involved: ESI

State v. Norris, 236 P.3d 225 (Wash. Ct. App. 2010)

Dec 01 2010

Key Insight: Where State refused to produce images to be used against defendant in court and, to avoid being subject to subpoena, gave possession of the evidence to the federal government who was not subject to subpoena, the appellate court granted defendant?s petition for discretionary review, stayed the trial court?s proceedings, and held that the Adam Walsh Act (a federal statue restricting copying and distribution of image of child pornography in federal court proceedings) does not preempt state law requiring full disclosure of the State?s evidence; the case was remanded for further proceedings

Nature of Case: Sex offenses against minors

Electronic Data Involved: Hard drive, copies of electronic images

Rhea v. Washington Dep?t of Corr., 2010 WL 5395009 (W.D. Wash. Dec. 27, 2010)

Dec 01 2010

Key Insight: Court found that defendant had failed to ask all employees with potentially relevant documents to search for and produce them, that some employees who were asked to search had not complied, and that employees who had complied failed to search for documents in all possible locations and granted plaintiff?s motion to compel additional searching and production; court granted motion to compel defendants to provide a complete answer to an interrogatory seeking detailed information on steps taken to locate responsive materials and ordered defendant to ?certify that all employees with potentially responsive documents searched all locations where such documents are typically stored in paper or electronic format?

Nature of Case: Claims that defendant refused to provide necessary medical care or accommodate plaintiff’s disability

Electronic Data Involved: ESI, emails

Rosenbaum v. Becker & Poliakoff, P.A., 708 F. Supp. 2d 1304 (S.D. Fla. 2010)

Dec 01 2010

Key Insight: In an order addressing several discovery disputes court ordered re-production of information downloaded from relevant Blackberry telephones where defendant produced the requested data in hard copy and where the information was not fully readable

Electronic Data Involved: ESI from Blackberry telephones

Palm Bay Int., Inc. v. Marchesi Di Barolo S.P.A., 2010 WL 1688203 (E.D.N.Y. Apr. 26, 2010)

Dec 01 2010

Key Insight: Where plaintiff failed to produce 15 emails (which were discovered in a productions from third parties), court declined to find that plaintiff had waived its objections to defendant?s request but ordered plaintiff to file an affidavit from a representative with first hand knowledge of how the search was undertaken providing ?a specific explanation of what information was discovered concerning how and why the email at issue were not picked up during the course of that search? and noted that defendant was free to raise the failure to produce those emails with the witnesses at trial

Nature of Case: Breach of contract

Electronic Data Involved: Emails

Tag:Lack of Cooperation / Inaccurate Representations