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Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata
In The Hawk Mountain, LLC et. al. v. Mirra, et. al., Case No. 13-2083 (D. Delaware, June 3, 2016), Plaintiffs subpoenaed a third party, McCaffrey, to obtain documents with respect to her alleged 2010 correspondence with Defendants, which correspondence related to issues in the case. No party or third party objected
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District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor
In Boone v. TFI Family Services, Inc. et. al., Case No. 14-2548 (D. Kansas, June 3, 2016 and June 6, 2016), Plaintiffs sued Defendants for civil rights violations and various tort claims related to the death of a minor child. The child was allegedly murdered by the girlfriend of his biological
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Maricopa County Sheriff’s Department Held in Civil Contempt for Failure to Produce Responsive Items
In Melendres v. Arpaio et. al., Case No. 07-2513, a class action lawsuit filed by residents of Maricopa County, Arizona, against Sheriff Joseph Arpaio, Maricopa County, and the Maricopa County Sheriff’s Office for racial profiling and unlawful traffic stops of Latinos, the court had issued a preliminary injunction in late 2011 preventing
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Court Declines to Order Terminating Sanctions But Admonishes Party for Poor ESI Production
In Applied Underwriters, Inc. v. American Employer Group, Case No. 14-00379 (E.D. Tenn., May 2, 2016), the parties engaged in numerous discovery disputes throughout the litigation, including motions to file under seal and complaints to the court regarding parties’ failure to comply with discovery orders and failure to engage in
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Supreme Court of New Hampshire Orders Electronic Format for Right to Know Law Production
The Supreme Court of New Hampshire recently held in Green v. School Administrative Unit #55 & a., Case No. 2015-0274 (April 19, 2016), that a plaintiff was entitled to documents in electronic format. Plaintiff, a member of a school board, requested budget documents. In response, the school board chair requested
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New Jersey Superior Court Denies Public Records Request for Email Log Production
An email log being sought under the state public records act was the subject of an appeal in Paff v. Galloway Township, Docket No. A-0125-14T4 (N.J. Super. Ct. App. Div. April 18, 2016). Plaintiff sought email logs from the defendant Township pursuant to the Open Public Records Act (OPRA), N.J.S.A.
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Eastern District of North Carolina Compels Re-Production of Certain ESI in Native File Format
Plaintiff in Spring v. Board of Trustees of Cape Fear Community College et. al., Case No. 15-00084 (E.D. N.C., Apr. 7, 2016) sued Defendants, a community college and various of its board members in their official capacity, for breach of contract as well as violations of various constitutional rights. Plaintiff
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Court Compels Plaintiffs to Produce Access Database for Forensic Metadata Analysis
In Thorne Research, Inc. et. al. v. Atlantic Pro-Nutrients, Inc., Case No. 13-784 (D. Utah, Mar. 22, 2016), a patent infringement suit involving a nutritional supplement formula, Defendant filed a Motion to Compel, seeking a complete copy of a database Plaintiffs’ inventor Donald Steele used to enter the patented formulas at
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Court Orders Spoliation Sanctions for Defendants’ Willful Failure to Produce Text Messages
In First Financial Security, Inc. v. Lee et. al., Case No. 14-1843 (D. Minn. Mar. 8, 2016), Plaintiff sued Defendants for breach of contract. During discovery, Plaintiff sought communications, including emails and text messages, sent both before and after a critical May 10 meeting. Defendants refused to provide any of the information
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Court Orders Defendants to Produce Emails in Native File Format Following PDF Production
In Luxul Technology, Inc. v. Nectarlux, LLC et. al., Case No. 14-03656 (N.D. Cal., Feb. 3, 2016), Defendants produced emails in response to Plaintiff’s discovery requests in PDF format without metadata, despite specific language in the document requests asking for emails in native format with metadata. Defendants also failed to