In FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Feb. 2022), before the Court was Defendants’ motion for sanctions under Federal Rule of Civil Procedure 37(c)(1) and (e), which presented a multitude of alleged sanctionable conduct by Plaintiff. Part 1 of this post will focus on the Court’s analysis under Rule 37(e). In February of
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
- February 25, 2022
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I
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- ILS Team
- February 18, 2022
Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants
In McCRIMMON and DETTMANN v. CENTURION OF FLORIDA, No. 3:20-cv-36-BJD-LLL (M.D. Fla. Feb. 7, 2022) before the Court were several issues including discovery disputes regarding search terms, unredacted versions of documents covered by HIPAA, and computer queries conducted by Defendants. Plaintiffs, co-administrators of decedent’s estate, proceeded on an amended complaint against Defendants and individual healthcare
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- ILS Team
- February 11, 2022
Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity
In RAINS v. WESTMINSTER COLLEGE and KOERNER, No. 2:20-cv-00520 (D. Utah Feb. 1 2022), before the Court was Plaintiff’s Short Form Motion to Compel and/or for Sanctions for Spoliation. The case arose from Plaintiff’s allegations that she was wrongfully terminated from a faculty position by her former employer. Plaintiff moved to compel and/or for sanctions
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- ILS Team
- February 4, 2022
Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper
In EMUVEUYAN v. STEVE EWING; GENEVA ROCK PRODUCTS INC., and CLYDE COMPANIES, INC., Case No. 2:19-cv-00616-HCN-DAO (D. Utah Jan. 5, 2022) before the Court was Defendant’s motion disputing Plaintiff’s requested attorneys’ fees. In a prior order, Plaintiff was awarded attorneys’ fees incurred when he brought a motion for sanctions arising from Defendant’s spoliation of evidence
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- ILS Team
- January 28, 2022
Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied
In BIRREN v. ROYAL CARIBBEAN CRUISES, LTD., No. 20-cv-22783-BLOOM/Louis (S.D. Fla. Jan. 10, 2022), before the Court were Plaintiffs’ objections to the Magistrate Judge’s order on CCTV spoliation, and Plaintiffs’ motion for reconsideration of the order. On July 7, 2020, Plaintiffs initiated a maritime personal injury action against Defendant. In discovery, Defendant produced a total
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- ILS Team
- January 21, 2022
Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted
In PAJAK v. UNDER ARMOUR, INC., Civil Action No. 1:19-CV-160 (N.D. W. Va. Jan. 10, 2022), before the Magistrate Judge were issues arising from Plaintiff’s efforts to conduct discovery related to her complaints alleging Defendants’ intentional spoliation of evidence. The spoliation claims focused on Defendants’ efforts to gather, preserve, and analyze certain digital information and
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- ILS Team
- January 14, 2022
Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders
In STATE FARM MUTUAL, AUTOMOBILE INSURANCE CO., v. MAX REHAB PHYSICAL THERAPY, LLC, ET AL., No.: 18-13257 (E.D. Mich. June 28, 2021), before the Magistrate Judge was the issue of Defendants’ repeated violations of Plaintiff’s discovery requests and various court orders and whether default judgment in favor of Plaintiff was the appropriate sanction. In December
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- ILS Team
- January 7, 2022
Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data
In JOHN DOE v. PURDUE UNIVERSITY, No. 2:17-CV-33-JPK (N.D. Ind. Jul. 2, 2021) before the Court was Defendants’ Request for Issuance of Order to Show Cause Regarding Plaintiff’s Non-Compliance with Order and Spoliation of Evidence. At issue was social media discovery from Plaintiff sought by Defendants, Purdue University and related parties, regarding Plaintiff’s claim that
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- ILS Team
- December 31, 2021
Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied
In In re: ZANTAC (RANITIDINE) PRODUCTS LIABILITY LITIGATION, No. 20-MD-2924 (S.D. FL Nov. 15, 2021) Defendants served the 10 named Class Plaintiffs with Requests for Production and Interrogatories related to the Second Amended Consolidated Economic Loss Class Action Complaint and the Amended Consolidated Medical Monitoring Class Action Complaint. At issue was whether Class Plaintiffs were
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- ILS Team
- December 24, 2021
Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts
In GINA VASOLI v. YARDS BREWING COMPANY, and TREVOR PRICHETT, Civil Action No. 21-2066 (E.D.P.A. Nov. 1, 2021), at issue was whether Defendants withheld ESI that would have been pertinent to Plaintiff’s employment discrimination and retaliation case. During discovery, Defendant Yards Brewing Company, LLC (“Yards”), and its Chief Executive Officer, Defendant Trevor Pritchett, chose (without
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