Tag:Motion to Compel

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Klein v. Board of Trustees (D. Alaska, 2017)
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Nelson v. Schultz (7th Cir., 2017)
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Golon, Inc. v. Selective Ins. Co. (W.D. PA, 2017)
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William C. Blosser v. Ashcroft, Inc., No. C17-5243-BHS, 2017 WL 4168502 (W.D. Wash. Sept. 19, 2017)
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B&R Supermarket, Inc. v. Visa, Inc., No. 16-cv-01150-WHA (MEJ), 2017 WL 235182 (N.D. Cal. Jan. 19, 2017)
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Bratcher v. Navient Sols., Inc., 249 F.Supp.3d 1283 (M.D. Fla. 2017)
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CP Salmon Corp. v. Pritzker, —F. Supp. 3d.—,No. 3:16-cv-00031-TMB, 2017 WL 744022 (D. Alaska Feb. 24, 2017)
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Rutledge-Plummer v. SCO Family of Servs., No. 15-CV-2468 (MKB) (SMG), 2017 WL 570765 (E.D. N.Y. Feb. 13, 2017)
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Wilson v. Washington, No. C16-5366 BHS, 2017 WL 518615 (W.D. Wash. Feb. 8, 2017)

Klein v. Board of Trustees (D. Alaska, 2017)

Key Insight: ESI does not need to be produced if it is from sources not reasonably accessible on account of undue burden or cost.

Nature of Case: medical fees

Electronic Data Involved: medicare documents, etc

Keywords: undue burden, not reasonably accessible, third party requests

View Case Opinion

Nelson v. Schultz (7th Cir., 2017)

Key Insight: Judges should weigh lesser sanctions before dismissing a case, but are not required to.

Nature of Case: Breach of Contract, Torts

Electronic Data Involved: Tax and bank statements

Keywords: failure to respond, discovery sanctions, discovery misconduct

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Golon, Inc. v. Selective Ins. Co. (W.D. PA, 2017)

Key Insight: communications that occurred outside of the mediation but involve the mediator are not protected by the mediation privilege

Nature of Case: Insurance Bad Faith

Electronic Data Involved: documents used in mediation that Defendant claim to be protected by mediation privilege

Keywords: mediation privilege, reconsideration, under seal

View Case Opinion

William C. Blosser v. Ashcroft, Inc., No. C17-5243-BHS, 2017 WL 4168502 (W.D. Wash. Sept. 19, 2017)

Key Insight: Where Defendant contended there was only one way to search the at-issue database but failed to explain why and where Plaintiffs noted Defendant?s failure to offer reasons why optical character recognition could not be used on the database, the court ?agree[d],? reasoning that parties might otherwise be encouraged to ?maintain inaccessible databases to limit their discovery obligations? and noted that Defendant may need to consult a third party vendor if necessary and ordered the parties to meet and confer regarding the issue

Nature of Case: Asbestos exposure liability

Electronic Data Involved: Database

View Case Opinion

B&R Supermarket, Inc. v. Visa, Inc., No. 16-cv-01150-WHA (MEJ), 2017 WL 235182 (N.D. Cal. Jan. 19, 2017)

Key Insight: Court found requested data was relevant to class certification but, where Defendant indicated that Plaintiff?s requests ?encompass [ ] tens of millions of transactions and weekly data for each of the more than 6 million merchants that accept American Express? that ?is scattered over at least 6 databases at American Express,? court agreed with Defendant that the requested discovery created an ?enormous burden? and therefore ordered sampling, in a size to be agreed upon by the parties at a court-ordered meet and confer

Nature of Case: class action

Electronic Data Involved: Chargeback-related data (ESI)

Bratcher v. Navient Sols., Inc., 249 F.Supp.3d 1283 (M.D. Fla. 2017)

Key Insight: Where defendant sought to examine plaintiff?s smartphone itself for the purpose of obtaining a log of blocked calls arguing that ?plaintiff is not entitled to recovery for any blocked calls,? the court noted that defendant had failed to provide legal basis for this position and that ?[T]here is no routine right of direct access to a party?s electronic information system. … absent a factual finding of some non-compliance with [the] discovery rules, direct access is unwarranted.? The court further noted that defendant made no effort to comply with the requirement for a proposal for the protection of privacy rights, the protection of privileged information, and the separation of irrelevant information during inspection. On this basis, the court found direct access to the cell phone unwarranted and denied defendant?s motion to compel.

Nature of Case: Telephone Consumer Protection Act

Electronic Data Involved: Cell Phone Call Block Records

CP Salmon Corp. v. Pritzker, —F. Supp. 3d.—,No. 3:16-cv-00031-TMB, 2017 WL 744022 (D. Alaska Feb. 24, 2017)

Key Insight: Applying Fed. R. Evid. 502, court found Defendants? inadvertent inclusion of privileged information in the Administrative Record did not waive privilege where declarations of persons with ?sufficient personal knowledge? established the inadvertence of the inclusion where, in light of the multiple levels of review of the documents and the relevant circumstances including the ?sheer number of pages and compressed timeframe,? the court found Defendant had undertaken reasonable steps to prevent disclosure, and where Defendants took action to rectify the error within three weeks of the disclosure

Nature of Case: Administrative law

Electronic Data Involved: Administrative Record

Rutledge-Plummer v. SCO Family of Servs., No. 15-CV-2468 (MKB) (SMG), 2017 WL 570765 (E.D. N.Y. Feb. 13, 2017)

Key Insight: Plaintiff also sought production of all emails between 8 named individuals dating from August 1, 2013 to the present (December 2016). The court found the scope of this request (lacking any search terms or subject matter restrictions) was too burdensome when weighed against the potential benefit of production. Plaintiff narrowed her request to docs that related to her and limited the date range during oral argument, however the court found that this was still too broad and too close to the close of discovery to be permitted. Furthermore, Defendant had already produced emails relating to Plaintiff from most of the 8 custodians and had written to Plaintiff suggesting she propose search terms if she sought additional discovery. Plaintiff?s counsel, whose representation started after Defendant?s letter to Plaintiff, did not review Defendant?s earlier discovery responses and waited 10 months before requesting the additional discovery (using the overbroad parameters). The court denied Plaintiffs request except for certain documents referenced in depositions that were not produced. The court also denied Plaintiffs overly broad request for ?all documents pertaining to policies, procedures, and guidelines related to Defendant?s computers, computer systems, electronic data and electronic media? as too burdensome.

Nature of Case: Motion to Compel in employment discrimination action

Electronic Data Involved: ESI

Wilson v. Washington, No. C16-5366 BHS, 2017 WL 518615 (W.D. Wash. Feb. 8, 2017)

Key Insight: Addressing Plaintiff?s concerns regarding Defendants production, characterized by the court as ?thousands of pages of unorganized documents,? the court reasoned that ?Rule 33(d) does not supplant a party?s duty to adequately label and identify responsive documents under Rule 34,? that courts have recognized that production of documents as kept in the usual course of business ?may require the producing party to include different identifying information according to the type of document or file produced,? and that ?the most recent? court decisions have held that both Rule 34(b)(2)(E)(i) and (ii) apply to the production of ESI and concluded that Defendant?s response fell short of its duties under 34(b)(2)(E) and 33(d)(1) and stated that ?[s]ome form of further organization or specification is required to signify that they have provided ?rationally organized productions??

Electronic Data Involved: Unorganized ESI

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