Tag: Unduly Burdensome

1
Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)
2
Haroun v. ThoughtWorks, Inc. (S.D.N.Y. 2020)

Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)

Key Insight: Court granted defendants’ motion to compel plaintiff to produce Slack messages used as part of its internal business communications. Despite the potentially 30,000 Slack messages to review, the court found compelling the testimony from defendants’ forensic expert who stated there are a number of tools and software vendors that have streamlined review and production of Slack messages. Further, searches could be limited to certain Slack channels, users and custodians to very streamline the volume of messages for review. Thus, “requiring review and production of Slack messages by Benebone is generally comparable to requiring search and production of emails and is not unduly burdensome or disproportional to the needs of this case – if the requests and searches are appropriately limited and focused.”

Nature of Case: Intellectual property

Electronic Data Involved: Slack messages

Case Summary

Haroun v. ThoughtWorks, Inc. (S.D.N.Y. 2020)

Key Insight: Plaintiff has no basis to seek “discovery on discovery” from defendants. Plaintiff “does not identify any gaps in production of ESI, any reason to believe that documents have been deleted, or any basis for asserting that Defendants are not searching all relevant and reasonably available sources of ESI that would contain material responsive to Plaintiff’s document requests.” Plaintiff can inquire at deposition and review the document production to identify obvious gaps.

Nature of Case: Employment Discrimination

Electronic Data Involved: Business documents

Case Summary

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