eDiscovery

ILS Team
November 24, 2020

Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term

In Masimo v. Sotera Wireless, Case No. 19cv1100 (S.D. California Nov.16, 2020), before the Court was the parties’ Joint Motion for Determination of Discovery Dispute where Plaintiff sought to compel a production of emails from Defendant Sotera’s former CEO. The case arose from Plaintiff’s allegation that Defendant infringed on nine of its patents. Plaintiff also

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

ILS Team
November 9, 2020

Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions

In Reed v Royal Caribbean Cruises, No. 1:2019cv24668 (S.D. Fla. Oct. 2, 2020), Plaintiff moved for spoliation sanctions on the grounds that Defendant failed to preserve videos of an alleged incident during a cruise. Plaintiff was a passenger on a cruise operated by Defendant. According to the complaint, during a Defendant organized dance party, an

ILS Team
November 2, 2020

Culling Through 10,000 Emails Not Overly Burdensome Rules Court

In Broussard v. Bd. of Supervisors of La. State Univ. & A & M Coll., No. 19-527-BAJ-RLB (M.D. La. Sep. 28, 2020), Plaintiff moved to compel and for sanctions under FRCP 37 on the grounds that Defendants failed to produce certain emails, among other discovery. The lawsuit arose from Plaintiff’s allegations that Defendants failed to

ILS Team
October 26, 2020

Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge

Before the Magistrate Judge in Hardman v. Unified Gov’t of Wyandotte Cnty., Case No. 19-2251-KHV-TJJ (D. Kan. Aug. 10, 2020) were a myriad of discovery disputes presented in Plaintiff’s motion to compel. Among others, Plaintiff moved for an order requiring Defendant to conduct searches using certain key words and for Defendant to include the email

ILS Team
October 19, 2020

Representative Examples of Search Hits Ordered In Discovery Dispute

In Taylor v. Shutterfly, Inc., Case No. 18-cv-00266-BLF (VKD) (N.D. Cal. Sep. 2, 2020), the issue before the Court was the parties’ dispute concerning the application of search terms to Defendant Shutterfly’s ESI collection. The case arose from Plaintiff’s claim that Shutterfly placed misleading advertisements on Groupon’s website. In addition to seven agreed upon search

ILS Team
October 12, 2020

Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper

In In re Onglyza (Saxagliptin) & Kombiglyze XR (Saxagliptin & Metformin) Prods. Liab. Litig., No. 5:18-MD-2809-KKC, (E.D. Ky. Aug. 19, 2020), at issue before the Magistrate Judge was Plaintiffs’ motion to compel arising from their claim that Defendants engaged in improper redactions of relevant information. Among the redaction types addressed by the Magistrate Judge were

ILS Team
October 5, 2020

Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case

In Hoover v. NCL, No. 19-22906 (S.D. Fla. Aug. 5, 2020), the District Court denied Plaintiff’s spoliation sanctions motion. Plaintiff was a passenger on a cruise ship operated by Defendant and slipped while walking down an outdoor stairway sustaining injuries. After the cruise, Plaintiff contacted Defendant’s claims division about her fall and injuries but did

ILS Team
September 28, 2020

Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute

Plaintiff in McMaster v. Kohl’s Dep’t Stores, No. 18-13875, (E.D. Mich. Jul. 24, 2020), filed a claim for wrongful termination under the American With Disabilities Act (“ADA”) against Kohl’s Department Store. Before the Court was Plaintiff’s Second Motion to Compel Discovery. Among the various discovery issues disputed by the parties were competing search term lists

ILS Team
September 21, 2020

Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production

CARE ONE MANAGEMENT, LLC v. UNITED HEALTHCARE WORKERS EAST, No. 12-6371 (SDW) (D. NJ. June 26, 2020) was a Clerk’s opinion granting in part and denying in part Defendant’s motion to tax costs following entry of judgment. Defendant sought, among others, costs of making copies pursuant to 28 U.S.C. § 1920(4). According to the parties’