Motion to Compel – Page 140 – Electronic Discovery Law

Fuller v. Instinet, Inc., 2004 WL 3699810 (S.D.N.Y. Jan. 29, 2004)

Dec 01 2004

Key Insight: Court denied plaintiff’s motion to compel defendants to provide affidavits of all employees with access to employment databases and hiring practices, in order to establish whether any documents or data was destroyed, since discovery had been closed for one year and there was no evidence that defendants had destroyed documents

Nature of Case: Employment discrimination

Electronic Data Involved: Hiring and employment database and records

Polito v. AOL Time Warner, Inc., 2004 WL 3768897 (Pa. Ct. Com. Pl. Jan. 28, 2004)

Dec 01 2004

Key Insight: Court ordered AOL to reveal the identities of its anonymous subscribers who had transmitted offensive emails and instant messages where plaintiff had established that: (1) she had a prima facie basis for asserting criminal or civil liability against the anonymous authors; (2) the identifying information was relevant to her claims and necessary to obtain redress; (3) she was seeking the information in good faith and not for an improper purpose; and (4) she was unable to obtain the identifying information by alternative means

Nature of Case: Individual sued ISP seeking disclosure of identities of subscribers who sent her offensive email and instant messages

Electronic Data Involved: Identities of subscribers

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

Dec 01 2004

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

IKON Office Solutions, Inc. v. Knapp, 2002 WL 34372446 (D. Wyo. July 12, 2002)

Dec 01 2004

Key Insight: Plaintiff ordered to produce portions of database relied upon by its expert for 24 customers at issue in the litigation; but plaintiff need not produce or disclose remainder of 790-customer database unless otherwise ordered by the court

Nature of Case: Business litigation

Electronic Data Involved: Customer data

Edward D. Ioli Trust v. Avigilon Corp., No. 2:10-cv-605-JRG, 2012 WL 5830711 (E.D. Tex)

Dec 01 2004

Key Insight: Court found that local Patent Rule 3-4(a) requires production of source code and granted Plaintiff?s motion to compel

Nature of Case: Patent infringement

Electronic Data Involved: Source Code

Hagemeyer N. Am., Inc. v. Gateway Data Sci. Corp., 222 F.R.D. 594 (E.D. Wis. 2004)

Dec 01 2004

Key Insight: Adopting Zubulake and McPeek approaches, court ordered defendant to restore a sampling of five backup tapes selected by the plaintiff; parties would thereafter be required to make additional submissions addressing whether the burden or expense of satisfying the entire request was proportionate to the likely benefit

Electronic Data Involved: Email stored on backup tapes

Pamlab, L.L.C. v. Rite Aid Corp., 2004 WL 2358106 (E.D. La. Oct. 13, 2004)

Dec 01 2004

Key Insight: Court ruled that plaintiff should determine, either informally or during a corporate deposition of defendant, what information responsive to interrogatory could be retrieved from defendant?s computer system and what could only be retrieved manually; to the extent the information could only be retrieved manually, parties were ordered to attempt to agree on a sampling process

Electronic Data Involved: Computer databases

Tag:Motion to Compel