Tag:Motion to Compel

1
In re Gabapentin Patent Litig., 214 F.R.D. 178 (D.N.J. 2003)
2
In re Lernout & Hauspie Sec. Litig., 222 F.R.D. 29 (D. Mass. 2004)
3
Promega Corp. v. Applera Corp., 2002 WL 32340886 (W.D. Wis. Nov. 27, 2002)
4
United States v. Keystone Sanitation Co., 885 F. Supp. 672 (M.D. Pa. 1994)
5
Compuware Corp. v. Moody’s Investors Servs., Inc., 2004 WL 2931401 (E.D. Mich. Dec. 15, 2004)
6
Gambale v. Deutsche Bank Ag, 2002 WL 31655326 (S.D.N.Y. Nov. 21, 2002)
7
Lipco Elec. Corp. v. ASG Consulting Corp., 2004 WL 1949062 (N.Y. Sup. Ct. Aug. 18, 2004) (Unpublished)
8
Rambus, Inc. v. Infineon Tech. AG, 222 F.R.D. 280 (E.D. Va. 2004)
9
United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)
10
In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)

In re Lernout & Hauspie Sec. Litig., 222 F.R.D. 29 (D. Mass. 2004)

Key Insight: Finding that the production of privileged email was not inadvertent, court held that accounting firm waived attorney-client privilege as to disclosed email, and as to 15 other emails on same subject matter

Nature of Case: Securities class action

Electronic Data Involved: Email

Promega Corp. v. Applera Corp., 2002 WL 32340886 (W.D. Wis. Nov. 27, 2002)

Key Insight: After plaintiffs objected to production of sales database because it was not organized to its liking, and defendants produced two further iterations in an attempt to respond to plaintiffs’ complaints, court denied plaintiff’s motion to compel production of “complete and accurate” database since court “was not convinced that defendants have failed to produce this information, even if it is not in the ideal format plaintiff desires”

Nature of Case: Patent infringement

Electronic Data Involved: Sales database

United States v. Keystone Sanitation Co., 885 F. Supp. 672 (M.D. Pa. 1994)

Key Insight: Inadvertent disclosure of defense attorney’s emails regarding defendants’ disposition of assets in context of massive production constituted subject matter waiver of attorney-client privilege because precautions taken to avoid such disclosure were not reasonable, defendants ordered to produce unredacted attorney billing memoranda relating to issue

Nature of Case: Environmental litigation

Electronic Data Involved: Email

Compuware Corp. v. Moody’s Investors Servs., Inc., 2004 WL 2931401 (E.D. Mich. Dec. 15, 2004)

Key Insight: Court denied motion to compel as to particular request for production where plaintiff offered to provide defendant a set of portable computer disks (at a cost of $40,000) that contained all the documents that plaintiff produced in separate litigation; since defendant had specifically requested these documents, court would not require plaintiff to cull documents that were responsive to another (more narrow) request

Nature of Case: Dispute over defendant’s credit rating of plaintiff

Electronic Data Involved: Computer disks

Gambale v. Deutsche Bank Ag, 2002 WL 31655326 (S.D.N.Y. Nov. 21, 2002)

Key Insight: Defendants ordered to provide an affidavit explaining steps taken to search paper and electronic files for responsive documents and feasibility and cost of retrieving certain emails. Plaintiff would then have option of consenting to protocol set forth in Rowe Entertainment as modified by Murphy Oil, or arguing for different protocol by conferring with defendant and submitting a joint letter outlining parties’ respective positions on the issue

Nature of Case: Gender discrimination

Electronic Data Involved: Email and electronic files

Lipco Elec. Corp. v. ASG Consulting Corp., 2004 WL 1949062 (N.Y. Sup. Ct. Aug. 18, 2004) (Unpublished)

Key Insight: Noting differences between federal law and New York law regarding cost-shifting in discovery, court stated it did not have sufficient information about the costs associated with the requested discovery, but concluded that until plaintiffs indicated a willingness to pay for the requested electronic discovery (whatever its cost), court would not order its production

Nature of Case: Claims based on breach of contract and for an accounting

Electronic Data Involved: Computer data

Rambus, Inc. v. Infineon Tech. AG, 222 F.R.D. 280 (E.D. Va. 2004)

Key Insight: Based on in camera review, court granted defendant’s motion to compel based on the crime/fraud exception to the attorney-client privilege, ordered production of other documents on same subject matter and further ruled that discovery would be allowed regarding documents produced and on the issue of sanctions

Nature of Case: Patent infringement

Electronic Data Involved: Email, backup tapes

United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)

Key Insight: Parties agreed to narrow the scope of archived email search, both in terms of the number of employees whose email was to be produced and the number of days per month for which that email was to be produced; defendants to bear cost of production ($130,000) initially, but court reserved decision about who ultimately would bear cost; court denied plaintiff’s request that defendant make its production available on CD-ROM

Nature of Case: Antitrust

Electronic Data Involved: Archived email

In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)

Key Insight: Where there were gaps in plaintiff’s production of email, administrative law judge granted motion to compel production of email from plaintiff’s backup tapes but ordered parties to share the costs of such production

Nature of Case: Case before the U.S. International Trade Commission

Electronic Data Involved: Email

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