Tag:Motion to Compel

1
Hollingsworth v. Time Warner Cable, 812 N.E.2d 976 (Ohio Ct. App. 2004)
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Momah v. Albert Einstein Med. Center, 164 F.R.D. 412 (E.D. Pa. 1996)
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Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)
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Wright v. AmSouth Bancorporation, 320 F.3d 1198 (11th Cir. 2003)
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Bertsch v. Duemeland, 639 N.W.2d 455 (N.D. 2002)
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Dziadkiewicz v. Blue Cross & Blue Shield of R.I., 2004 WL 2418308 (D.R.I. Oct. 13, 2004)
7
Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)
8
Murlas Living Trust v. Mobil Oil Corp., 1995 WL 124186 (N.D. Ill. Mar. 20, 1999)
9
Sonnino v. Univ. of Kansas Hosp. Auth., 220 F.R.D. 633 (D. Kan. 2004)
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Youle v. Ryan, 811 N.E.2d 1281 (Ill. App. Ct. 2004)

Hollingsworth v. Time Warner Cable, 812 N.E.2d 976 (Ohio Ct. App. 2004)

Key Insight: Where defendant voluntarily divulged a privileged email communication at unemployment hearing and in response to discovery request, defendant waived any privilege with respect to the communication and to testimony and documents regarding the same subject matter; trial court erred in granting the defendant’s motion for return of the communication and for protective order, and in denying plaintiff’s motion to compel

Nature of Case: Wrongful discharge

Electronic Data Involved: Email

Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)

Key Insight: Defendant’s response to (overbroad) document request, which directed requesting party to defendant’s web site where relevant HR policies and a particular employee handbook could be retrieved, was not insufficient response; court narrowed request and ordered production of any additional documents within 20 days; no sanctions warranted

Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination

Electronic Data Involved: Electronic HR policies and manuals

Wright v. AmSouth Bancorporation, 320 F.3d 1198 (11th Cir. 2003)

Key Insight: No abuse of discretion to deny plaintiff’s motion to compel discovery of “computer diskette or tape copy of all word processing files created, modified and/or access by, or on behalf” of five employees over 2-1/2 year period as overbroad and unduly burdensome

Nature of Case: Age discrimination

Electronic Data Involved: Word processing files

Dziadkiewicz v. Blue Cross & Blue Shield of R.I., 2004 WL 2418308 (D.R.I. Oct. 13, 2004)

Key Insight: Since defendant failed to timely produce database dictionary and did not produce all of its expert’s relevant email, court granted motion to compel production of expert’s email; court further granted plaintiff’s request to reconvene expert’s deposition and would allow plaintiff’s expert to review additional material produced and modify his conclusions accordingly

Nature of Case: ERISA litigation

Electronic Data Involved: Email and database dictionary

Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)

Key Insight: Discovery deadline extended and defendant ordered to “use every practicable means” to identify requested claims files; if defendant truly cannot segregate the claim files, defendant would be directed to make available a representative with requisite knowledge and skill to assist plaintiff’s representative in reviewing and identifying as promptly as possible each unsegregated file which met plaintiff’s criteria

Nature of Case: ERISA action to recover death benefits under employee benefit plan

Electronic Data Involved: Database re insurance claims

Murlas Living Trust v. Mobil Oil Corp., 1995 WL 124186 (N.D. Ill. Mar. 20, 1999)

Key Insight: Defendant not required to produce entire database; defendant ordered to re-search database for information relevant to subject property and if further information found, to produce it

Nature of Case: Lessor sued for contract breach and related claims stemming from leaking underground storage tank

Electronic Data Involved: Database containing information re facilities with leaking underground storage tanks

Sonnino v. Univ. of Kansas Hosp. Auth., 220 F.R.D. 633 (D. Kan. 2004)

Key Insight: Defendant ordered to provide a complete and full response to interrogatory seeking information about Hospital Authority’s computer and email systems; defendant’s “very brief and general response” was insufficient

Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination

Electronic Data Involved: Information re computer and email systems

Youle v. Ryan, 811 N.E.2d 1281 (Ill. App. Ct. 2004)

Key Insight: Order compelling defendant surgeon to produce his surgical database, to include information related to all the cholecystectomy procedures defendant had ever performed (with the patient names redacted) was abuse of discretion; matter remanded with directions that the court examine the database contents in camera to determine relevance and privilege issues

Nature of Case: Medical malpractice

Electronic Data Involved: Surgical database maintained by defendant surgeon

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