In WISHART v. WELKLEY ET. AL., No. 19-CV-6189-DGL-MJP (W.D. NY., March 11, 2022), before the Court was Plaintiff’s motion for financial and non-financial sanctions. Plaintiff claimed that Correction Officer Welkley, Defendant, sexually harassed Plaintiff’s girlfriend when she came to visit Plaintiff in prison. The harassment allegedly involved a text messaging to Plaintiff’s girlfriend. On October
ILS has provided a handy searchable archive of important decisions on discovery matters.
We do so as a convenience and hope that you will find it interesting, helpful and informative.
However, our case briefs are not intended to replace legal research or relieve counsel of their
duty to independently evaluate the law as it applies to their particular cases.
- ILS Team
- April 29, 2022
Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel
In NORWOOD v. UNITED PARCEL SERVICE, INC., Case No. 19-2496-DDC-JPO (D. Kansas, Jan. 8, 2021), before the Court was Plaintiff’s Objections to two orders issued by Magistrate Judge James P. O’Hara. Plaintiff’s first Objection asked the Court to set aside Judge O’Hara’s Order that denied Plaintiff’s Third Motion to Compel. On August 22, 2019, Plaintiff
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- ILS Team
- April 22, 2022
Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence
In EMERSON CREEK POTTERY, INC., v. EMERSON CREEK EVENTS, INC., ET AL., Case No. 6:20-cv-54 (W.D. VA, Feb. 18, 2022), before the Court was Plaintiff’s eleventh-hour motion for spoliation inferences. Plaintiff contended that counsel for Defendants failed to inform Defendants of their obligation to preserve ESI, and that counsel’s failure to warn resulted in the
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- ILS Team
- April 15, 2022
Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information
In CONSTANCE COLLINS, ET AL. v. TRI-STATE ZOOLOGICAL PARK OF MARYLAND, INC., ET AL., Civil Case No. 1:20-cv-01225-PX (D. Md. Nov. 19, 2021), before the Court was Plaintiff’s Motion for Sanctions for Spoliation. Plaintiffs’ Complaint alleged that Defendants maintained a public nuisance through the neglect and continued mistreatment of animals that resided at Defendants’ Tri-State
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- ILS Team
- April 8, 2022
Motion to Compel Production of Slack Messages Granted
In BENEBONE LLC v. PET QWERKS, INC., ET AL., Case No. 8:20-cv-00850-AB-AFMx (C.D. Cal. Feb. 2021), before the Court was Defendant’s motion to compel Plaintiff to produce Slack communications. “Slack is a cloud-based software system that allows a company to organize its electronic discussions into user-defined categories called ‘channels.’” Plaintiff used Slack, and standard email,
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- ILS Team
- April 1, 2022
Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve
In CANADY v. BOSTIC, ET AL., No. 7:17cv00464 (W.D. Virginia, Feb. 23, 2022), before the Court was Plaintiff’s Motion for Spoliation Sanction arising from Defendants’ alleged failure to preserve certain clips of video footage. Plaintiff contended that on June 25, 2015, in the B-2 pod housing area at Keen Mountain Correctional Center (KMCC), another inmate
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- ILS Team
- March 25, 2022
Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost
In SAEVIK v. SWEDISH MEDICAL CENTER and REBECCA DAY, No. C-19-1992-JCC (W.D. Wash. March 9, 2022), before the Court was Plaintiff’s motion to retax costs. Following the Court’s previous summary judgment order, Defendants, as the prevailing parties, submitted a bill of costs seeking $28,995.51, that included, among others, $17,859.16 in e-discovery costs. After $4,881.64 was
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- ILS Team
- March 18, 2022
Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4)
In U.S. FUTURES EXCHANGE, LLC and U.S. EXHANGE HOLDINGS v. BOARD OF TRADE OF THE CITY OF CHICAGO and CHICAGO MERCANTILE EXCHANGE, INC., No. 04 C 6756 (N.D. Illinois, Jan. 6, 2022), Defendants sought costs in the amount of $307,033.40 after the Court granted summary judgment to the Defendants that was affirmed on appeal. Plaintiffs
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- ILS Team
- March 11, 2022
Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court
In ARCONIC CORP. v. NOVELIS INC., Civil Action 17-1434 (W.D. Pa. Feb. 10, 2022), before the Court was a motion to recuse filed by Plaintiff. In the trade secrets litigation, Plaintiff’s motion arose from the fact that the special master’s staff was listed in the Author metadata property in several of the Court’s opinions, which
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- ILS Team
- March 4, 2022
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II
Part I addressed the Court’s ruling in FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Fed. 2022), under Rule 37(e) regarding the duty to preserve. Part II below addresses the Court’s ruling regarding Rule 37(c) and the failure to produce. Defendants moved for sanctions under Rule 37(c)(1) for Plaintiff’s failure to produce (1) 487 Facebook
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