Tag:Motion to Compel

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Home Instead, Inc. v. Florance, No. 8:12CV264, 2013 WL 5979629 (D. Neb. Nov. 8, 2013)
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Fed. Deposit Ins. Co. v. Brudnicki, No. 5:12-cv-00398-RS-GRJ, 2013 WL 2948098 (N.D. Fla. June 14, 2013)
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Ewald v. Royal Norwegian Embassy, No. 11-CV-2116 SRN/SER, 2013 WL 6094600 (D. Minn. Nov. 20, 2013)
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Ameranth v. Pizza Hut, Inc., 2013 WL 636936 (S.D. Cal. Feb. 20, 2013)
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In re Denture Care Prods. Liab. Litig., 292 F.R.D. 120 (D.D.C. 2013)
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Skepnek v. Roper & Twardowsky, No. 11-41-2-KHV, 2013 WL 5499801 (D. Kan. Oct. 3, 2013)
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Watson Carpet & Floor Covering, Inc. v. Mohawk Ind., Inc., No. 3:09-0487, 2013 WL 5306444 (M.D. Tenn. Sep. 20, 2013)
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Digital Reg of Texas, LLC v. Adobe Sys. Inc., No. 12-01971-CW-(KAW), 2013 WL 633406 (N.D. Cal. Feb. 20, 2013)
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Westdale Recap Props., Ltd. v. NP/I & G Wakefield Commons, LLC, No. 5:11-CV-659-D, 2013 WL 5424844 (E.D.N.C. Sep. 26, 2013)
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In re High-Tech Employee Antitrust Litig., No. 11-CV-2509-LHK-PSG, 2013 WL 772668 (N.D. Cal. Feb. 28, 2013)

Fed. Deposit Ins. Co. v. Brudnicki, No. 5:12-cv-00398-RS-GRJ, 2013 WL 2948098 (N.D. Fla. June 14, 2013)

Key Insight: Where discovery would be asymmetrical and Plaintiff would be producing the majority of documents in the case, court approved a protocol that would require the parties to cooperate to develop search terms to identify potentially relevant documents to be uploaded to a database for Defendant?s review for the purpose of identifying documents to be produced and which would require Defendant to pay $.06 per page produced and $225 monthly for each gigabyte uploaded into the database; court held cost-shifting was appropriate where Plaintiff had already identified and collected the potentially responsive information at great expense and compared the $.06 charge to photocopying costs in traditional discovery and also cited and considered the factors of Rule 26(b)(2)(C), which provide authority for cost shifting and ?strongly supported? the Plaintiff?s proposed ESI protocol

Nature of Case: Action against Bank’s former directors for negligence and gross negligence related to approval of 11 transactions

Electronic Data Involved: ESI in FDIC database

Ewald v. Royal Norwegian Embassy, No. 11-CV-2116 SRN/SER, 2013 WL 6094600 (D. Minn. Nov. 20, 2013)

Key Insight: District court affirmed in part magistrate judge?s order (at 2013 WL 5687559) denying plaintiff?s request for forensic examination of laptop computers used by plaintiff during her employment, as defendant produced 56,625 pages of documents from most recently used laptop, and burden and expense of forensic examination of previous laptop outweighed its likely benefit, given that plaintiff did not assert even a belief that relevant information existed on that computer that was not produced from other sources; court reversed in part magistrate judge?s order denying access to text and voice messages, finding that plaintiff demonstrated that ?the scale tips in her favor? in regard to two mobile phones provided by defendant to plaintiff and another witness for work-related purposes, and ordering parties to meet and confer upon protocol to be used in conducting search for responsive text messages and voice messages contained on the two devices

Nature of Case: Employment discrimination

Electronic Data Involved: Work laptops, and text messages and voice messages on certain mobile devices

Ameranth v. Pizza Hut, Inc., 2013 WL 636936 (S.D. Cal. Feb. 20, 2013)

Key Insight: Court declined to compel production of ?the entire source code tree for each accused product? where it found that Plaintiff had not shown the need to fully understand all operations as opposed to ?only those aspects accused in the infringement claims? and where the alleged burden of production was great; court ordered that production of relevant portions of source code must include original files names and be in native format

Nature of Case: Patent Infringement

Electronic Data Involved: Source Code

In re Denture Care Prods. Liab. Litig., 292 F.R.D. 120 (D.D.C. 2013)

Key Insight: Court found information sought in third party subpoena was relevant, that production of documents with missing pages or emails without their attachments did not comply with Rule 45, that subpoena was not unduly burdensome, and that forensic investigation of third party?s computers was not yet warranted in spite of ?discrepancies and inconsistencies? in their production, but warned that third party could be required to bear the cost of forensic investigation of their computers if they failed to comply with court?s order to produce all responsive documents

Nature of Case: Products Liability

Electronic Data Involved: ESI

Skepnek v. Roper & Twardowsky, No. 11-41-2-KHV, 2013 WL 5499801 (D. Kan. Oct. 3, 2013)

Key Insight: Where defendant sought to avoid running the searches proposed by plaintiff based on irrelevance, overbreadth and undue burden, the court found that defendant had failed to meet the burden to show cause for entry of a protective order and granted plaintiffs? motion to compel

Nature of Case: Breach of contract

Electronic Data Involved: Emails

Watson Carpet & Floor Covering, Inc. v. Mohawk Ind., Inc., No. 3:09-0487, 2013 WL 5306444 (M.D. Tenn. Sep. 20, 2013)

Key Insight: Reasoning that a request for production cannot require a responding party to create documents that are not already in existence, court denied plaintiff’s motion to compel production of comparison sales reports for other U.S. sales districts where there was no dispute that the additional documents requested did not exist and would need to be created by extracting historical data from archive and backup data storage maintained by defendant

Nature of Case: Antitrust claims

Electronic Data Involved: Sales data

Digital Reg of Texas, LLC v. Adobe Sys. Inc., No. 12-01971-CW-(KAW), 2013 WL 633406 (N.D. Cal. Feb. 20, 2013)

Key Insight: ?In light of the availability of source code analyzer tools and the extraordinary burden that a compiler would impose on [Defendant], the court denie[d] [Plaintiff?s] request for a compiler for source code review?; court also declined to compel defendant?s production of printouts of 14 complete files (of source code) and ordered the parties to meet to determine which limited portions of the source code would be produced in hard copy and to arrange for [Plaintiff?s] experts to inspect the complete file ?to determine the limited portions of the source code needed, if necessary.?

Nature of Case: Patent Infringement

Electronic Data Involved: Source code, compiler software

In re High-Tech Employee Antitrust Litig., No. 11-CV-2509-LHK-PSG, 2013 WL 772668 (N.D. Cal. Feb. 28, 2013)

Key Insight: Applying relevant factors identified in In re Asia Global Crossing Ltd., 322 B.R. 247 (S.D.N.Y. 2005), court concluded that consultant?s use of workplace email did not waive privilege where, although the factors were evenly split, there was no evidence that the employee actually monitored employees? emails and because of the ?importance of the attorney-client privilege?

Nature of Case: Plaintiffs claim defendants colluded to “avoid poaching each other’s employees and to stabilize their compensation packages.”

Electronic Data Involved: Emails

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