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Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity
In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), the Magistrate Judge granted and denied Plaintiff’s motion to compel in part, ruling that Defendant’s objections to Plaintiff’s discovery request were waived on the grounds of failing to
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Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim
In Siemers v. BNSF Railway Co., No. 8:17-cv-360 (D. Neb. Apr. 8, 2019), the Magistrate Judge ordered Plaintiff to produce his telephone records after finding that such records were not subject to a privilege claim solely because Plaintiff’s counsel’s telephone number may appear in the records and that the privacy
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Court Denies Defense Request To Allocate Discovery Costs
In East Coast Test Prep, LLC, v. ALLNURSES.COM, Inc., et al., Civil No. 15-3705(JRT/ECW)(D. MN April 4, 2019), the United States District Court for Minnesota denied Defendant’s motion for a protective order that sought to allocate the costs associated with complying with Plaintiff’s Request for Production of Documents on the
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Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in the usual course of business…or in a reasonably usable form or forms.” A producing party ignores
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Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance
In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that it obtained financing for these investments from First NBC Bank (FNBC). According to Plaintiff, IMCMV Holdings altered financial statements so that FNBC
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Motion for Sanctions Denied for Automatic Deletion of Browsing History
In Eshelman v. Puma Biotechnology, No. 7:16-CV-18-D (ED NC June 7, 2017), Plaintiff sued Defendants Puma Biotechnology (“Puma”) and its CEO for libel per se and libel per quod based upon allegedly defamatory statements regarding a clinical trial scandal in February of 2016. Defendant Puma is a bio-pharmaceutical company focused
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Defendant’s Failure to Timely Object to Native Format Production Results in Waiver Ruling
In Morgan Hill Concerned Parents Assoc., v. California Dept. of Educ., No. 2:11-cv-3471 KJM AC., (E.D. Cal. Feb 1, 2017), the Court granted Plaintiffs’ motion to compel native format production because Defendant, rather than timely filing objection to the requested format, instead proceeded to make production in a different format.
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Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone Still Leads to Sanctions
In Montgomery v. Iron-Rooster Annapolis, LLC., Civil No. RDB-16-3760 (D. Md. May 9, 2017) the Plaintiff sued her former employer for unpaid overtime under the Fair Labor Standards Act and the Maryland Wage and Hour Law. She was employed from March of 2015 to March of 2016. Defendants claimed that
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Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection
In the putative class action lawsuit Solo, et al. v. UPS, No. 14-12719, E.D. Michigan (Jan. 10, 2017), Plaintiffs alleged that Defendant breached its contract due to over-billing practices. The parties sought the court’s guidance to resolve a proportionality discovery dispute under FRCP 26(b). Plaintiffs requested packaging information for all
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Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery Protocol
In Mirmina v. Genpact, LLC, Case No. 16-00614 (D. Conn., June 13, 2017), an employment law case involving, age, gender and race discrimination, and retaliation under Title VII, the ADEA, and the Connecticut Fair Employment Practices Act, Plaintiff alleged that he was treated unfairly and discriminated against at work and