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Defendants in Trademark Infringement Case Sanctioned For Failure to Produce Quickbooks Source Data
4SEMO.com, Inc. v. Southern Illinois Storm Shelters, Inc. et. al., Case No. 13-297 (S.D. Ill., Feb. 10, 2017) began as a trademark infringement suit brought by Defendant Southern Illinois Storm Shelters, Inc. (SISS) against Plaintiff. Plaintiff filed a counterclaim, and after disposition of Defendants’ claims, the counterclaim was all that
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Defendant Must Produce Search Terms Used to Produce ESI
In National Credit Union Administration Board v. Basconi et. al., Case No. 16-455 (N.D. Ohio, Feb. 27, 2017), Plaintiff, a federal agency tasked with insuring credit unions, liquidated GIC Federal Credit Union due to its insolvency. Defendants were the accountants and accounting firm of GIC. Plaintiff alleged that Defendants ignored
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Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown
In Excel Enterprises, LLC v. Winony PVD Coatings, LLC, Case No. 16-19 (N.D. Ind., Feb. 17, 2017), a breach of contract case, a discovery dispute arose surrounding Defendant’s production to Plaintiff. A Motion to Compel was filed, and after Defendant produced 30,000 documents, Plaintiff informed Defendant that the documents were
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Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case
In Mora v. Zeta Interactive Corp., et. al., Case No. 16-00198 (E.D. Cali., Feb. 10, 2017), Plaintiff brought a class action lawsuit against Defendants for violations of the Telephone Consumer Protection Act (TCPA). Plaintiff alleged that Defendants made unsolicited telephone calls to him and others similarly situated, who never had
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Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion
Text messages in electronic discovery are more important than ever in almost all civil litigations. Even more so than email, texts tend to be casual and candid in content, and may not be as carefully considered prior to transmission. This quality makes text messages a particularly prime source of potential
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Court Compels Production in Native Format Over Objection of California Department of Education
In Morgan Hill Concerned Parents Association, et. al. v. California Department of Education, et. al., Case No. 11-3471 (E.D. Cali Feb. 1, 2017), two associations of parents and children with disabilities sued Defendants alleging violations of the Individuals with Disabilities Education Improvement Act by systemically failing to provide free appropriate public education
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Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It
In Mr. Mudbug, Inc. v. Bloomin’ Brands, Inc., Case No. 15-5265 (E.D. La., Jan. 11, 2017), Plaintiff allegedly expanded its facilities to meet the requirements of Defendant’s contract, but then Defendant allegedly diverted business from Plaintiff and ultimately withdrew the entire contract. Defendant countersued for breach of contract. During litigation,
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Bankruptcy Debtor’s Discharge Denied for Failing to Produce Emails Per Court Order
The Patriot Group, LLC v. Steven C. Fustolo (In re Fustolo), Case No. 13-12692, Adv. No. 14-1193 (Bankr. D. Mass., Jan. 11, 2017) is an adversary proceeding filed within an involuntary Chapter 7 bankruptcy case. Defendant owned a company that borrowed millions from Plaintiff; ultimately, Plaintiff sued Defendant and obtained
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Plaintiff Ordered to Produce Emails in TIFF Format with Metadata from Original Sources
In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., Case No. 15-1435 (E.D. Cal., Dec. 29, 2016), a breach of contract action arising out of an agreement to sell 2,470 acres of farmland, Defendants requested emails from Plaintiffs in TIFF format with metadata. Plaintiffs produced some of
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Court Orders Production of Altered Email in Native Format
Lifetouch National School Studios, Inc. v. Roles, Case No. 15-234 (W.D. P.A., Dec. 15, 2016) is a breach of contract case stemming from an employment contract between Plaintiff employer and Defendant former employee. Defendant former employee was accused of breaches of her employment agreement by skimming money off of the