In DEAN v. CITY OF KENOVA ET AL., Civil Action No. 3:21-0197 (S.D. WV, April 19, 2022), before the Court was Defendant Bob Sullivan’s Motion to Dismiss Plaintiff’s action for spoliation. Plaintiff was the administrator of Mr. James Dean’s estate following his death. Mr. Dean was arrested on April 5, 2019, by the Kenova Police
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
- June 17, 2022
Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs
In SUMOTEXT CORP., v. ZOOVE, INC., ET AL., Case No. 16-cv-01370-BLF (N.D. Cal. San Jose Div., Aug. 23, 2021), before the Court was Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs. Defendant argued that the Clerk improperly denied its request for $14,804.00 in electronic discovery costs. On March 6, 2020, the jury
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- ILS Team
- June 9, 2022
Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court
In RAVGEN, INC. v. STRECK, INC., No. 4:22CV3017 (D. Nebraska, March 29, 2022), before the Court was Plaintiff’s second motion to compel a third party’s response to subpoenas, Plaintiff’s request for attorney fees, and third party’s timeline for contemplated ESI search. On Feb. 4, 2022, Plaintiff filed a motion to compel responses to subpoenas served
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- ILS Team
- June 6, 2022
International Litigation Services Welcomes Joshua Rosenberg as President and CEO
Rosenberg is a highly accomplished legal veteran with proven track record in company growth Irvine, California – June 6, 2022 – International Litigation Services (ILS), a leading e-discovery service provider and ESI consultancy, today announced the appointment of Joshua Rosenberg as president and CEO. Rosenberg is a highly regarded industry veteran, having held a number
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- ILS Team
- June 5, 2022
Defendant Sanctioned For Blanket AEO Designations
In CellTrust Corporation v. ionLake, LLC, et al., Case No. 19-cv-2855 (WMW/TNL) (D. Minn. May 17, 2022), before the Court was Plaintiff’s Motion for Sanctions which presented multiple issues including blanket designation of documents as Attorney’s Eyes Only and spoliation. With respect to Defendant’s attorney’s eyes only designation, pursuant to the parties’ stipulated protective order,
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- ILS Team
- May 27, 2022
Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e)
In MASTEROBJECTS, INC. v. AMAZON.COM, INC., No. C 20-08103 WHA (N.D. Cal. March 13, 2022), before the Special Master was Defendant’s Rule 37 motion that alleged violations of the Court’s Discovery Order and a motion for spoliation sanctions. With respect to the spoliation issue, the facts were that on Dec. 9, 2020, Plaintiff’s law firm,
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- ILS Team
- May 23, 2022
Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion
In WILLIAMS v. BARTON MALOW CO., ET AL., Case No. 3:20-CV-02594-JGC (N.D. Ohio, W. Div. Jan. 21, 2022), before the Court was Plaintiff’s Motion for Leave to File an Amended Complaint which, in addition to naming additional defendants, also sought to add a tort claim for intentional spoliation under Ohio law against one of the
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- ILS Team
- May 15, 2022
“Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI
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
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- 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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