Motion to Compel – Page 90 – Electronic Discovery Law

Moore v. Napolitano, 2009 WL 2450280 (Aug. 7, 2009 D.D.C.)

Dec 01 2009

Key Insight: Where defendant objected to magistrate judge?s order ?to do what the [Rules] already require in no uncertain terms, and that is to search for the responsive documents and produce them? (where defendant had unilaterally decided not to look for ESI), court rejected defendant?s objections, including her argument of undue burden, where plaintiffs? use of broad language did not automatically render them overbroad and where declarations in support of the alleged burden were ?largely conclusory?, where magistrate?s order (and Federal Rules) did not require futile searching where it was clear no documents would be found (after good faith inquiry), and where defendant offered only speculation that her search would result in ?needless duplication?

Nature of Case: Employment discrimination action

Electronic Data Involved: ESI

Infor Global Solutions (MI), Inc. v. St. Paul Fire & Marine Ins. Co., 2009 WL 2390174 (N.D. Cal. Aug. 3, 2009)

Dec 01 2009

Key Insight: Where out of ?an apparent concern about the court imposed deadline,? plaintiff produced electronic documents without review because of technical difficulties opening certain files and emails and where plaintiff informed no one of the difficulties, sought no extension from the court for production, and did not qualify the production with any ?clawback? notice, court found that plaintiff had waived privilege and granted defendant?s motion to compel

Nature of Case: Insurance

Electronic Data Involved: Privileged ESI

Covad Commc?ns Co. v. Revonet, Inc., 2009 WL 5377698 (D.D.C. Aug. 25, 2009)

Dec 01 2009

Key Insight: Where plaintiff represented that defendant had not fulfilled production obligations pursuant to the court?s order, court ordered defendant to respond to questions as to the completeness of its production and other related topics and affirmed its prior order requiring the re-production of 35,000 pages of emails previously produced in hard copy, despite the alleged burden of doing so; court also ordered defendant to respond to questions regarding the production of ESI, including spreadsheets, previously produced in hard copy and noted, ?Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live.?

Nature of Case: Misappropriation and conversion of trade secret information

Electronic Data Involved: ESI

Bellinger v. Astrue, 2009 WL 2496476 (E.D.N.Y. Aug. 14, 2009)

Dec 01 2009

Key Insight: Court declined to compel production of detailed information regarding defendant?s electronically stored information and efforts to search the same where such production would be ?extremely burdensome? and unlikely to be of significant value, especially in light of defendants prior production of information regarding the relevant information systems and searches and because plaintiff had not established prejudice as a result of alleged deficiencies in defendants production, among other reasons; footnote addressing format of production reasoned hard copy production of ESI was acceptable because hard copy was a reasonably useable format, because production in electronic format would be burdensome, and because plaintiff?s counsel was already familiar with the hard copy production such that production in electronic form would be ?redundant and wasteful?

Nature of Case: Employment discrimination

Electronic Data Involved: Information related to information systems and searches for relevant ESI

Lawson v. Plantation Gen. Hosp., L.P., 2009 WL 2868891 (S.D. Fla. Aug. 27, 2009)

Dec 01 2009

Key Insight: Despite the ?clearly burdensome? process required to restore, review and produce the requested ESI, court ordered production of a specific category of ESI, where ?fairness demand[ed]? plaintiff have an opportunity to review? it, but ordered that if plaintiff continued to desire production of the remaining categories ?for which plaintiff ha[d] a lesser need, in light of all of the other discovery in this matter,? plaintiff must pay half the cost

Nature of Case: Employment discrimination

Electronic Data Involved: ESI

Espy v. Info. Tech., 2009 WL 2912506 (D. Kan. Sept. 9, 2009)

Dec 01 2009

Key Insight: In an opinion addressing several discovery disputes, court granted plaintiff?s motion to compel and ordered defendants to produce a CD containing the contents of a secure website related to defendant?s attempt to sell the company following an in camera review of the same; rejecting defendant?s arguments that 28,000 pages of uncategorized electronic documents without bates stamps were produced as kept in the usual course of business, court ordered defendant?s to identify ?by index or otherwise? specific documents responsive to plaintiff?s request

Nature of Case: Suit seeking commission for sales made as employee of defendant

Electronic Data Involved: ESI

Global Ampersand, LLC v. Crown Eng?g & Constr., Inc. 2009 WL 2982901 (E.D. Cal. Sept. 14, 2009)

Dec 01 2009

Key Insight: Court granted plaintiff?s motion to compel upon finding that defendant ?did not timely comply with its discovery obligations? including failing to timely produce a hard drive, a laptop computer, and other relevant documents and failing to produce a privilege log, among other things, and ordered defendant to produce all relevant ESI and to provide additional information regarding the location and collection of additional ESI, including the identification of sources no longer available; court deferred ruling on alleged spoliation but awarded plaintiff $17,375.00 in attorney?s fees

Nature of Case: Breach of contract, fraud, negligence

Electronic Data Involved: ESI

Thayer v. Chiczewski, 2009 WL 2957317 (N.D. Ill. Sept. 11, 2009)

Dec 01 2009

Key Insight: Court ordered third party, AOL, to show cause why it should not be held in contempt for failing to provide a response to defendant?s motion to compel as ordered by the court and gave leave to defendant to commence discovery on AOL?s ability to retrieve requested emails, among other topics, following contradictory representations from AOL and plaintiff regarding the same; court also noted plaintiff?s grant of permission to AOL to produce his emails and that defendant?s subpoena had been appropriately limited as to scope and thus ordered AOL to produce all responsive emails to plaintiff for review prior to production to defendant

Nature of Case: Civil rights action

Electronic Data Involved: Email

Zenith Elecs., Inc. v. Vizio, Inc., 2009 WL 3094889 (S.D.N.Y. Sept. 25, 2009)

Dec 01 2009

Key Insight: Court denied motion to compel production of documents by non-party pursuant to subpoena where court determined non-party did not have control of the documents requested because such documents were maintained by foreign parent company and non-party did not have access to them in the ordinary course of business

Nature of Case: Patent infringement

Electronic Data Involved: ESI, source code

Plan Pros Inc. v. Torczon, 2009 WL 3063017 (Sept. 18, 2009)

Dec 01 2009

Key Insight: Court granted plaintiff?s motion to compel re-production of financial information in its original Quickbooks format where the information was previously produced following conversion to .xls format which resulted in the loss of metadata and where defendants failed to argue that production in the original format (the form or forms in which it was ordinarily maintained) was not possible

Nature of Case: Copyright infringement

Electronic Data Involved: Financial ESI

Tag:Motion to Compel