Motion to Compel – Page 38 – Electronic Discovery Law

MP Nexlevel of California, Inc. v. CVIN LLC, No. 1:14-cv-00288-LJO-EPG, 2016 WL 1408459 (E.D. Cal. April 11, 2016)

Dec 01 2016

Key Insight: Court found that the at-issue discovery was not required under Fed. R. Civ. P. 26(b)(1) and declined to compel production of every document ?referring or relating? to Plaintiff?s ?designated Responsible Managing Employee? for all 11 of Plaintiff?s California projects where the court determined that the relevance was minimal, where both parties ?appeared to agree? that the request would require ?a search for every document to or from [the employee]? and Plaintiff alleged that many documents were not electronically searchable, and where the court recognized that ordering such production could cause a ?chilling effect? that may ?discourage [construction] companies from filing a lawsuit merely to avoid the discovery costs?

Electronic Data Involved: ESI and other records “referring or relating” to specified employee

Archer Daniels Midland Co. v. Chemoil Corp., 15-2199, 2016 WL 9051173 (C.D. Ill. Oct. 19, 2016)

Dec 01 2016

Key Insight: Court denied Defendant?s motion to compel production of emails from Plaintiff?s former employee where Plaintiff?s initial production included some communications from the at-issue employee, where Plaintiff had already conducted a second search that did not yield additional documents, where the emails of the former employee had been moved off of active servers thus requiring the initiation of disaster recovery protocols to conduct an additional search, and where the emails of other parties to the potentially relevant communications remained on the active servers and had also been searched; court also noted that Defendant had deposed the former employee for 6 hours

Electronic Data Involved: Email of former employee

Sky Med. Supply Inc. v. SCS Support Claim Serv. Inc., No. 12- 6383, 2016 WL 4703656 (E.D.N.Y. Sept. 7, 2016)

Dec 01 2016

Key Insight: Magistrate judge denied defendant?s motion to compel plaintiff to organize and label its document production ?so that it corresponds to the categories in the request? because the discovery documents were immediately available for inspection at plaintiff counsel?s office in electronic format already organized, identifiable, and searchable by claim number; defendants needing only to execute claims number searches to identify documents. Thus, the court concluded that unless and until an inspection is undertaken and shown to be unduly burdensome, the plaintiff?s offer to permit inspection of database comports with ?both the letter and spirit of rule 34.?

Electronic Data Involved: ESI

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

Nov 29 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)

Nov 15 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)

Nov 07 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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Companion Property and Casualty Insurance Company v. U.S. Bank N.A. (D. S.C., 2016)

Nov 03 2016

Key Insight: required to provide privilege log metadata because log was inadequate

Nature of Case: breach of contract, breach of fiduciary duty

Electronic Data Involved: privilege log metadata

Keywords: privilege log, metadata

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

Oct 28 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)

Oct 14 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)

Oct 12 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

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Tag:Motion to Compel