Motion to Compel – Page 128 – Electronic Discovery Law

Barker Capital LLC v. Rebus LLC, 2006 WL 247114 (Del. Super. Ct. Jan. 12, 2006) (Unpublished)

Dec 01 2006

Key Insight: Court directed plaintiff’s counsel to submit an affidavit re attorneys’ fees and expenses incurred in connection with certain depositions and three motions to compel, where defendants produced certain corporate minutes and other documents after the close of discovery, and where defendants had failed to produce emails and other electronic documents from all available sources despite their general counsel’s earlier affidavit to the contrary

Electronic Data Involved: Emails and other electronic documents

Pioneer Res. Corp. v. Nami Res.Co., LLC, 2006 WL 1635651 (E.D. Ky. June 8, 2006)

Dec 01 2006

Key Insight: Defendant ordered to make good faith effort to locate responsive emails that were discussed at deposition; if defendant claims that such documents cannot be retrieved, defendant must file a written statement indicating all steps taken to obtain said emails and explain in detail why they could not be retrieved; defendant further warned that failure to comply could result in sanctions being imposed

Electronic Data Involved: Email

Dorel Juvenile Group, Inc. v. DiMartinis, 2006 WL 3240116 (S.D. Ind. Sept. 29, 2006) (Unpublished)

Dec 01 2006

Key Insight: Court denied plaintiff’s motion to compel production of an exact image of the hard drive of defendant’s personal computer and instead ordered that the examination of and production from defendant’s personal computer proceed on the terms spelled out in defendant’s responses to the motion to compel

Electronic Data Involved: PC hard drive

Williams v. Mass. Mut. Life Ins. Co., 226 F.R.D. 144 (D. Mass. 2005)

Dec 01 2005

Key Insight: Court denied plaintiff’s request for forensic search of former employer’s information systems where plaintiff offered no credible evidence that defendants were unwilling to produce computer-generated documents or that defendants had withheld relevant information

Nature of Case: Wrongful termination, race discrimination

Electronic Data Involved: Email

Fast v. Mayer, 692 N.W.2d 138 (N.D. 2005)

Dec 01 2005

Key Insight: No abuse of discretion to deny mother’s request to conduct forensic examination of father’s computer; although mother alleged that computer contained pornography, there was no evidence the child had seen it and it would be impossible to definitively attribute the pornography to father, since other adults used the computer and certain components were salvaged from other computers

Nature of Case: Mother sought to require supervision of child’s visits with father

Electronic Data Involved: Computer hard drive

DeBruhl v. DeBruhl, 608 S.E.2d 416 (Table, Text in WESTLAW), 2005 WL 351230 (N.C. Ct. App. Feb. 15, 2005) (Unpublished)

Dec 01 2005

Key Insight: When husband failed to produce, pursuant to subpoena, computer containing financial information at hearing, court allowed a computer technician to go to husband’s home to copy the hard drive, and suspended the hearing until a later date to allow review of the hard drive

Nature of Case: Divorce proceedings

Electronic Data Involved: Computer hard drive

Etzion v. Etzion, 796 N.Y.S.2d 844 (N.Y. Sup. Ct. 2005)

Dec 01 2005

Key Insight: Where husband consented to discovery of financial matters but resisted plaintiff’s broad request for access to all documents on all computers, court set out detailed protocol for the copying and review of computer data with oversight by court-appointed referee

Nature of Case: Divorce proceeding

Electronic Data Involved: Data on hard drives

Barton v. U.S. Dist. Court for Cent. Dist. of Cal., 410 F.3d 1104 (9th Cir. 2005)

Dec 01 2005

Key Insight: Ninth circuit granted writ of mandamus reversing district court’s order compelling plaintiffs to produce their answers to law firm’s internet questionnaire; although questionnaire disclaimed any formation of an attorney-client relationship, it did not disclaim confidentiality, and, under California law, prospective clients’ communications with a view to obtaining legal services were covered by the attorney-client privilege

Nature of Case: Users of antidepressant sued manufacturer of drug

Electronic Data Involved: Law firm’s questionnaires regarding drug which were completed and submitted to the law firm on the internet

Public Relations Soc’y of Am., Inc. v. Road Runner High Speed Online, 799 N.Y.S.2d 847 (N.Y. Sup. Ct. 2005)

Dec 01 2005

Key Insight: Finding that individual had stated cognizable defamation claim against anonymous author of offending email, court denied email author?s application to vacate order requiring internet service provider to disclose email account information

Nature of Case: Defamation claim based on offending email message

Electronic Data Involved: Email author identity

TIG Ins. Co. v. Premier Parks, Inc., 2005 WL 468300 (Del. Super. Ct. Mar. 1, 2005) (Unpublished)

Dec 01 2005

Key Insight: Where insurer, in course of attempting to comply with discovery order, realized it had no electronic mechanism to retrieve case files based on whether a class was certified, but it could sort files by amount expended, court modified discovery order because it would have inflicted a substantial burden upon the insurer and the information produced would almost certainly be irrelevant

Nature of Case: Park operator alleged insurer failed to provide adequate counsel to defend a class action discrimination suit

Electronic Data Involved: Case file data

Tag:Motion to Compel