Tag: Motion to Compel

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Cary v. Ne. Ill. Reg’l Commuter R.R. Corp. (N.D. Ill. Feb. 22, 2021)
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Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)
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Balderas v. Ill. Cent. R.R. Co. (N.D. Ill. Jan. 8, 2021)
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Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)
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Livingston v. City of Chicago (Northern District of Illinois, 2020)
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Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)
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Berg v. M & F Western Products, Inc. (E.D. Tex. 2020)
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Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)
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Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Cary v. Ne. Ill. Reg’l Commuter R.R. Corp. (N.D. Ill. Feb. 22, 2021)

Key Insight: Court granted, in large part, plaintiff’s motion to compel ESI, requiring defendant to disclose data sources that may contain relevant ESI and refused to impose an “arbitrary limit of five or seven custodians” requested by defendants given the number of people identified as having potentially relevant information in their initial disclosures. The court urged the parties to agree upon search terms to less the burden of ESI searches and revisit an agreed time period in light of the court’s memorandum and order, rather than take “absolute line-in-the-sand positions” (citing Standing Order Relating to the Discovery of Electronically Stored Information at Principle 1.02 (Cooperation)). The court denied plaintiff’s request to produce the entire contents of her work email, finding the blanket request overbroad on its face.

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Case Summary

Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)

Key Insight: Court granted defendants’ motion to compel plaintiff to produce Slack messages used as part of its internal business communications. Despite the potentially 30,000 Slack messages to review, the court found compelling the testimony from defendants’ forensic expert who stated there are a number of tools and software vendors that have streamlined review and production of Slack messages. Further, searches could be limited to certain Slack channels, users and custodians to very streamline the volume of messages for review. Thus, “requiring review and production of Slack messages by Benebone is generally comparable to requiring search and production of emails and is not unduly burdensome or disproportional to the needs of this case – if the requests and searches are appropriately limited and focused.”

Nature of Case: Intellectual property

Electronic Data Involved: Slack messages

Case Summary

Balderas v. Ill. Cent. R.R. Co. (N.D. Ill. Jan. 8, 2021)

Key Insight:

Further discovery must be based on more than mere speculation or suspicion that additional documents exist. The moving party must make a case showing “it can be reasonably deduced that other documents exist[.]”

The Court was unable to reach a ruling regarding Plaintiff’s requested search terms due to insufficient information. While Defendants did reject the terms and did not provide alternatives, plaintiff did not say what the requested terms were or why they were rejected.

With regards to specific discovery requests, Defendants were ordered to search for and produce responsive documents. The Court noted “boilerplate” objections without further explanation are equivalent to making no objection at all and individual authorization to access electronic communications is not required when the individuals are parties to the case. Additionally, emails and texts messages party’s employee are a compelling form of evidence that can be particularly significant in litigation.

Nature of Case: Civil Rights, Employment Discrimination

Electronic Data Involved: Personnel Records, Business Records, Electronic Communications, Email, Texts, Voicemails, Instant Messages, Electronic Documents Generally

Case Summary

Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020)

Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘reasonably likely to yield relevant evidence.’” The ESI was relevant to alleged emotional and mental trauma plaintiff suffered as a result of the accident as evidenced by her social isolation and withdrawal.

Nature of Case: Personal injuries

Electronic Data Involved: Social media

Case Summary

Livingston v. City of Chicago (Northern District of Illinois, 2020)

Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology

Nature of Case: Hiring discrimination

Electronic Data Involved: Emails

Keywords: Chicago, fire department, technology assisted review, TAR

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Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)

Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific

Nature of Case: Copyright infringement (DMCA)

Electronic Data Involved: Electronic documents generally

Keywords: Copyright, DMCA, photographs, Oppenheimer,

View Case Opinion

Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

Berg v. M & F Western Products, Inc. (E.D. Tex. 2020)

Key Insight: Defendant filed a Motion to Compel Plaintiff that was granted by the Court. The Court ordered Plaintiff to conduct a full search of all documents in hard and electronic formats conduct, including but not limited to all data on social media platforms, demand letters issued by Plaintiff or his counsel to third parties referencing this case, documents and materials of Plaintiff’s company, and documents and materials related to the litigation that are in the custody and control of Plaintiff’s current or prior lawyers. The Motion’s request(s) that Plaintiff be compelled to attend his deposition and testify at trial in-person were denied.

Nature of Case: Copyright Infringement

Electronic Data Involved: Social Media, Electronic Documents

Case Summary

Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)

Key Insight: Defendant “self-collected” without involvement of counsel. Court gave defendant one last chance to produce as 5 months remained in discovery, with active involvement of counsel.

Nature of Case: Age discrimination

Electronic Data Involved: Various ESI

Keywords: certification, party collection

View Case Opinion

Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

View Case Opinion

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