Tag: Motion to Compel

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Addi v. Corvias Management-Army, LLC (D. Md. 2021)
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Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)
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Livingston v. City of Chicago (Northern District of Illinois, 2020)
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Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)
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Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)
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Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)
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US EEOC v The George Washington University (D.D.C. 2020)
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Lawson v. Spirit Aerosystems (Kansas, 2020)
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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Addi v. Corvias Management-Army, LLC (D. Md. 2021)

Key Insight: Work-product privilege protects documents prepared in anticipation by a party, its attorneys, or its consultants and agents. A consulting expert’s analysis and reports is protected work product. However, a consulting expert becomes a fact witness when it also acts a scheduler, inspector, or remediator. No protection would apply to those activities. The capacity in which the third party was acting will determine whether documents are work product. Raw data is not protected. However, the decision that certain subsets or compilations of data are relevant in advising the client or preparing the defense is protected. Opinions regarding such information to assist in advising or preparing the defense are also protected.

Nature of Case: Class Action, Tort

Electronic Data Involved: Raw Data, Report Logs, Electronic Documents Generally

Case Summary

Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)

Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘reasonably likely to yield relevant evidence.’” The ESI was relevant to alleged emotional and mental trauma plaintiff suffered as a result of the accident as evidenced by her social isolation and withdrawal.

Nature of Case: Personal injuries

Electronic Data Involved: Social media

Case Summary

Livingston v. City of Chicago (Northern District of Illinois, 2020)

Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology

Nature of Case: Hiring discrimination

Electronic Data Involved: Emails

Keywords: Chicago, fire department, technology assisted review, TAR

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Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)

Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific

Nature of Case: Copyright infringement (DMCA)

Electronic Data Involved: Electronic documents generally

Keywords: Copyright, DMCA, photographs, Oppenheimer,

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Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)

Key Insight: Defendant “self-collected” without involvement of counsel. Court gave defendant one last chance to produce as 5 months remained in discovery, with active involvement of counsel.

Nature of Case: Age discrimination

Electronic Data Involved: Various ESI

Keywords: certification, party collection

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Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

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US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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Lawson v. Spirit Aerosystems (Kansas, 2020)

Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case

Nature of Case: Employment non-compete agreement

Electronic Data Involved: Electronic records

Keywords: Cost shifting, technology assisted review, TAR, aerospace

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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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