Tag:Motion to Compel

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Colonial Bancgroup, Inc. v. Pricewaterhousecoopers LLP., No. 2:11-cv-746-WKW, 2016 WL 9687001 (M.D. Ala. Jan. 22, 2016)
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Lewis v. Bellows Falls Congregation of Jehovah?s Witnesses, No. 1:14-cv-205, 2016 WL 589867 (D. Vt. Feb. 11, 2016)
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Wai Feng Trading Co. v. Quick Fitting, Inc., Nos. 13-33S, 13-56S, 2016 WL 4184014 (D.R.I. June 14, 2016)
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McQueen v. Aramark Corp. – 201611 (D. Utah, 2016)
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Venturedyne v. Carbonyx (ND Ind., 2016)
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Nkansah v. Martinez (Middle District of Lousiana, 2016)
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Companion Property and Casualty Insurance Company v. U.S. Bank N.A. (D. S.C., 2016)
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Johnson v. Serenity Transportation, Inc. (ND Cal, 2016)
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In re Viagra Products Liability Litigation (N.D. Cal., 2016)
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Davis v. Crescent Electric Company et al. (D. S.D., 2016)

Colonial Bancgroup, Inc. v. Pricewaterhousecoopers LLP., No. 2:11-cv-746-WKW, 2016 WL 9687001 (M.D. Ala. Jan. 22, 2016)

Key Insight: Where plaintiff sought production of specific folders from e-mail inboxes after defendant had already produced e-mails from those custodians as identified by keyword search terms r, the court found the request duplicative and denied plaintiff?s request. Where plaintiff sought to compel additional searches likely to capture information well beyond that to which plaintiff was entitled and resisted a compromise offer of running the searches with restrictive terms designed to weed out irrelevant information, the court granted the request for additional searches but also granted defendant?s request to include limiting terms to restrict the capture of irrelevant data. Where plaintiff requested a sworn affidavit detailing defendant?s litigation hold efforts including the ?specific actions? which hold notice recipients were directed to take and any enforcement efforts, the court agreed with defendant that specific actions and enforcement efforts were subject to attorney-client privilege but directed plaintiff to ?provide this information via ?sworn affidavit? in a manner which, does not invoke the work product doctrine or violate the attorney-client privilege OR to make a specific legal and factual showing [] as to any work product objection or attorney-client privilege claim? and also ordered production of the other requested information, including custodian names and document types subject to the hold.

Nature of Case: Professional Negligence

Electronic Data Involved: e-mail

Lewis v. Bellows Falls Congregation of Jehovah?s Witnesses, No. 1:14-cv-205, 2016 WL 589867 (D. Vt. Feb. 11, 2016)

Key Insight: Court granted motion to compel relevant contents of Plaintiff?s Facebook account but was not ?persuaded that unfettered access was warranted? and therefore ordered Plaintiff?s counsel to review Plaintiff?s ?entire Facebook account? to determine the relevance of the material therein, as determined by the court?s identification of 7 categories of relevant materials

Nature of Case: [N]egligence based on a duty (1) to perform an undertaking and (2) to supervise

Electronic Data Involved: Social Media contents (Facebook)

Wai Feng Trading Co. v. Quick Fitting, Inc., Nos. 13-33S, 13-56S, 2016 WL 4184014 (D.R.I. June 14, 2016)

Key Insight: Following several extensions of discovery, court addressed motion to compel production of documents and email in native format and, noting that a particular format was not requested and that the parties? had consistently produced documents in hard copy or in searchable PDF format, found that only two documents ?arguably might contain metadata that could be relevant? and ordered that those documents be produced, but shifted the costs to the requesting party

Nature of Case: Theft of intellectual property, breach of contract

Electronic Data Involved: Emails, database, ESI

McQueen v. Aramark Corp. – 201611 (D. Utah, 2016)

Key Insight: Sanctions imposed after defendant’s failure to preserve relevant ESI after receiving a preservation letter from plaintiff.

Nature of Case: Wrongful death.

Electronic Data Involved: ESI work orders and related paper records.

Keywords: Defendant acted with gross negligence, but without intent to deprive the plaintiff of the information’s use in the litigation.

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Venturedyne v. Carbonyx (ND Ind., 2016)

Key Insight: Specific metrics needed to object to the burden of a key-word search. Defendant objected to document requests on relevancy grounds.

Nature of Case: Contract breach.

Electronic Data Involved: Key-word search of ESI.

Keywords: Cooperation and the negotiation of keywords. Transparency in all aspects of preservation and production of ESI.

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Nkansah v. Martinez (Middle District of Lousiana, 2016)

Key Insight: Even broadly worded discovery requests can be granted as long as the information is relevant to discovery and no objections are made

Nature of Case: Automobile accident insurance coverage

Electronic Data Involved: Electronic records

Keywords: Truck, accident, insurance

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Johnson v. Serenity Transportation, Inc. (ND Cal, 2016)

Key Insight: Discovery is not disproportionate just because you say so. Insufficient privilege log.

Nature of Case: Class action involving alleged improper classification of independent contractor status.

Electronic Data Involved: Production of emails in response to Plaintiffs’ requests.

Keywords: Produce all documents responsive to Plaintiff’s search terms. Duplicative and not proportional.

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In re Viagra Products Liability Litigation (N.D. Cal., 2016)

Key Insight: whether party can be forced to use TAR v. search terms

Nature of Case: product liability

Electronic Data Involved: email and documents

Keywords: viagara, forced TAR

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Davis v. Crescent Electric Company et al. (D. S.D., 2016)

Key Insight: NDA adequately protects confidential and/or privileged information during forensic examination

Nature of Case: employment discrimination

Electronic Data Involved: email

Keywords: forensic examination

View Case Opinion

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