Tag: Motion to Compel

1
Williams v. Hernandez, 2004 WL 1161318 (S.D.N.Y. May 25, 2004)
2
Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)
3
Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)
4
Collaboration Props., Inc. v. Polycom, Inc., 224 F.R.D. 473 (N.D. Cal. 2004)
5
Kormendi v. Computer Assoc. Int’l, Inc., 2002 WL 31385832 (S.D.N.Y. Oct. 21, 2002)
6
Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 703 N.E.2d 340 (Ohio 1996)

Williams v. Hernandez, 2004 WL 1161318 (S.D.N.Y. May 25, 2004)

Key Insight: Production request for all email to or from individual defendant during specified period was overly broad and burdensome, since plaintiff failed to justify the wholesale production of emails and failed to indicate why there would be relevant information concerning her claims in such emails

Nature of Case: Sex discrimination, negligent hiring and battery

Electronic Data Involved: Email

Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)

Key Insight: Magistrate’s order granting plaintiff’s motion to compel discovery and awarding attorneys’ fees upheld; employer required to provide available data and also respond by stating the steps taken to obtain non-work related internet sites accessed during the dates requested, including detailed explanation of efforts to obtain information and reasons its efforts were not successful if it was unable to obtain the data to fully respond to interrogatory

Nature of Case: Employment discrimination

Electronic Data Involved: Information re all non-work related internet sites accessed on certain of employer’s computers during relevant period

Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)

Key Insight: Court rejected insurers’ contentions that requested discovery was impossible insofar as they were grounded in the particular manner in which defendants maintain their records and computer systems; cost of discovery to be borne by insurers, but plaintiffs to pay costs of copying documents selected

Nature of Case: Declaratory judgment re insurance coverage

Electronic Data Involved: Insurance information from claim files

Collaboration Props., Inc. v. Polycom, Inc., 224 F.R.D. 473 (N.D. Cal. 2004)

Key Insight: To enable parties to discuss more meaningfully the proper scope of any privilege and correlative redactions, court ordered producing party to show requesting party’s counsel non-redacted emails at meet and confer, reserving producing party’s right to assert any applicable privilege; court noted that process was especially appropriate since producing party had not argued that disclosure would result in unfair advantage to requesting party, but that material was irrelevant and it feared waiving privilege as to future third parties

Nature of Case: Patent infringement

Electronic Data Involved: Privileged emails

Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 703 N.E.2d 340 (Ohio 1996)

Key Insight: Requiring insurer to create programs to retrieve and put in usable form information from its databases at its own expense, court stated: “[A] party cannot avoid discovery when its own recordkeeping system makes discovery burdensome. If a party chooses to store information in a manner that tends to conceal rather than reveal, that party bears the burden of putting the information in a format useable by others.” However, court did order that request for computer-generated reports be narrowed.

Nature of Case: Minority homeowners brought civil rights action alleging that insurer engaged in redlining to avoid minority neighborhoods

Electronic Data Involved: Insurer’s databases and computer-generated reports

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