Motion to Compel – Page 128 – Electronic Discovery Law

Williams, Cohen & Gray, Inc. v. CPS Group, Inc., 2006 WL 3316783 (S.D. Tex. Nov. 14, 2006)

Dec 01 2006

Key Insight: Where defendant objected to providing hard copies of payment data and offered instead to make its database available to plaintiff in New York, court questioned prudence of offer and ordered production to take place in Houston, adding that parties should attempt to arrange for materials to be produced electronically and directing them to confer on method of production

Nature of Case: Breach of contract

Electronic Data Involved: Database

Raytheon Aircraft Corp. v. United States, 2006 WL 2570545 (D. Kan. Sept. 5, 2006)

Dec 01 2006

Key Insight: Court denied as overly broad plaintiff’s request that government identify and produce all investigations and electronic databases concerning contamination at World War II Army Air Force bases, and instead ordered government to, at plaintiff’s indicated preference, either provide an index to the electronic databases or provide a knowledgeable member of its staff to assist plaintiff in its review of the databases

Nature of Case: CERCLA litigation

Electronic Data Involved: Databases

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

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 Feb. 15, 2005) (Unpublished)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

Cook v. Deloitte & Touche, LLP, 2005 WL 2429422 (S.D.N.Y. Sept. 30, 2005)

Dec 01 2005

Key Insight: Rule 56(f) continuance not warranted where it was uncontested that defendant had produced all relevant electronic entries in its personnel database, and even if other emails existed in computer archives as alleged, plaintiff made no showing necessary to warrant their retrieval at this late date at defendant’s expense nor had plaintiff volunteered to foot the bill for doing so

Nature of Case: Employment discrimination

Electronic Data Involved: Email and electronic entries in personnel database

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

Synthes Spine Co., L.P. v. Walden, 232 F.R.D. 460 (E.D. Pa. 2005)

Dec 01 2005

Key Insight: Court ordered plaintiff to produce all materials that plaintiff’s counsel furnished to plaintiff’s testifying expert, regardless of privilege or claimed work product protection, including emails, summaries, spreadsheets and draft expert reports

Nature of Case: Employer sought to enforce restrictive covenants against former employees

Electronic Data Involved: Emails, spreadsheets, draft expert reports

Tag:Motion to Compel