Tag:Motion to Compel

1
Stormo v. City of Sioux Falls, No. 12-04057 (D. S.D. Feb. 19, 2016)
2
Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)
3
McSparran v. Pennsylvania (M.D. Pa, 2016)
4
Bazzi v. YP Advertising & Publishing, LLC (Eastern District of Michigan, 2016)
5
SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)
6
In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)
7
Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)
8
Case Citation: Nucci v. Target Corp., 162 So.3d 146 (Fla. Dist. Ct. App. 2015).
9
Farley v. Callais & Sons LLC, No. 14-2550, 2015 WL 4730729 (E.D. La. Aug. 10, 2015)
10
Dekeyser v. Thyssenkrupp Waupaca Inc., No. 08-c-0488, 2015 WL 10937559 (E.D. Wis. Apr. 10, 2015)

Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)

Key Insight: confidential settlement information in documents requested

Nature of Case: Negligence and breach of contract

Electronic Data Involved: communications between Amex Nooter and IOSHA

Keywords: Confidential Settlement information, motion to compel, impeachment

View Case Opinion

Bazzi v. YP Advertising & Publishing, LLC (Eastern District of Michigan, 2016)

Key Insight: forensic imaging of USB drive of handwritten notes and reopening of deposition for questioning regarding the notes

Nature of Case: Employment Discrimination

Electronic Data Involved: handwritten notes from plantiff

Keywords: delaying tactics, reopening deposition, disclosure of evidence at deposition, relevancy

View Case Opinion

SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)

Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable

Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings

Electronic Data Involved: “back office data” information as to whether defendants explored public offering

Keywords: bad faith, sanctions, spoliation, public offering

View Case Opinion

In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)

Key Insight: personnel files are not maintained by the custodian, they are maintained by HR and contain personal information and are not discoverable

Nature of Case: products liability

Electronic Data Involved: employee personnel files of people that plaintiffs want to depose

Keywords: discoverability, relevancy, personnel files

View Case Opinion

Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

View Case Opinion

Case Citation: Nucci v. Target Corp., 162 So.3d 146 (Fla. Dist. Ct. App. 2015).

Key Insight: Circuit Court denied petition for certiorari relief to quash Trial Court order compelling discovery of photographs from Plaintiff?s Facebook account, finding no departure from the essential requirements of law, because the photographs were ?powerfully relevant to the damage issues in the lawsuit,? Plaintiff?s privacy interest in them were minimal because ?photographs posted on a social networking site are neither privileged nor protected by any right of privacy, regardless of any privacy settings that the user may have established,? and the Stored Communications Act ?does not apply to individuals who the use the communications services provided.?

Nature of Case: Personal Injury

Electronic Data Involved: Facebook/social media photographs

Farley v. Callais & Sons LLC, No. 14-2550, 2015 WL 4730729 (E.D. La. Aug. 10, 2015)

Key Insight: Court declined to compel production of log in information and all Facebook information posted since the underlying accident but granted the motion in part and compelled the production of certain categories of information to be identified by a review of Plaintiff?s account by his counsel; courts also ordered submission of sworn declaration that all such information was produced and that counsel ensured preservation of the Facebook materials lest a dispute arise in future

Nature of Case: Personal injury

Electronic Data Involved: Social Media

Copyright © 2025, K&L Gates LLP. All Rights Reserved.