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
Document Production Archives - ILS
- 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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- 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
- December 10, 2021
GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants
In ANYWHERECOMMERCE, INC. v. INGENICO, INC., Civil Action No. 19-cv-11457-IT (D. MA. June 3, 2021) before the Court was Plaintiffs’ Motion for Reconsideration of the Court’s August 31, 2020 order regarding Plaintiffs’ Motion to Compel Production of Documents. At issue was whether the discovery sought by Plaintiffs could be ordered for production for documents in
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- ILS Team
- April 29, 2021
Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case
In SANDOZ v. UNITED THERAPEUTICS, Civil Action No. 19-10170 (D.N.J. April 6, 2021) before the Special Master was Defendant United Therapeutic’s motion to compel non-party Liquida to bear the cost of responding to Defendant’s subpoena. During the pendency of the lawsuit, Defendant learned that non-party Liquida would be acquiring Plaintiff. Upon learning of the merger,
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- ILS Team
- March 23, 2021
The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad
In Green v. Meeks, Case No. 20-cv-00463-SPM (S.D. Illinois. Jan. 15, 2021), Plaintiff moved for an entry of an ESI protocol allowing for use of search terms to applied to email accounts of 15 individuals employed by Defendant or the Illinois Department of Corrections. Defendants objected that the proposed search terms were too broad and
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- ILS Team
- November 16, 2020
Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record
In Wiggins v. Bank of Am., N.A., Civil Action 2:19-cv-3223 (S.D. Ohio Nov. 4, 2020), the parties disputed, among others, the sufficiency of Defendants’ production from its Documentum ESI repository. The case arose from Plaintiff’s challenges to Defendants’ policy of assessing overdraft fees on its customers. As part of discovery, Defendants produced a limited number
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- ILS Team
- April 30, 2020
Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records
In Miller v. Sauberman, Index No. 805270/16 (N.Y. Dec. 6, 2018), a New York Supreme Court Justice denied Defendant’s motion for a protective order and granted Plaintiff’s cross-motion to compel the production of metadata related to Plaintiff’s medical records, despite Defendant’s estimated cost of $250,000 to produce such records. In an action for medical malpractice,
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- ILS Team
- November 20, 2019
Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order
In Bellamy v. Wal-Mart Stores, Texas, LLC, No. SA-18-CV-60-XR (W.D. Tex. Aug. 19, 2019), a Texas District Judge ruled that Defendant was entitled to “claw back” certain documents it unintentionally produced. However, the Judge still considered the inadvertently produced documents in analyzing Plaintiff’s motion for sanctions and granted Plaintiff’s motion to the extent that the
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- ILS Team
- November 13, 2019
Motion To Compel Native Production Denied Because Native Was Not Specified
In Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s Motion for Order Against Defendant to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with associated metadata. The denial was
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