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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. §
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Defendant Ordered To Produce Unredacted Versions of Documents
In Nieves v Baptist Memorial Medical Group, No. 18-2748-JTF (W.D. Tenn. June 23, 2020), the Court granted Plaintiff’s motion to compel unredacted versions of documents. The case was a class action contract and individual suit alleging a violation of federal anti-discrimination law. Plaintiff alleged that Defendant discriminated against him by,
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Court Orders Litigation Hold Notice To Be Produced
In Radiation Oncology Servs. of Cent. N.Y., P.C. v Our Lady of Lourdes Mem. Hosp., Inc., EF15-462 (June 9, 2020 NY Supreme Court, Cortland County), Plaintiff’s motion for production of litigation hold was granted after making a preliminary showing of spoliation. The case arose from a dispute between the Plaintiff
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Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e)
In SHACKLEFORD v IVINT SOLAR DEVELOPER LLC, No. ELH-19-954 (D. Md. Jul. 2020), the District Court denied Plaintiff’s motion for spoliation sanctions where only bare-bones allegations were provided. The case arose from Plaintiff’s claim that Defendant violated the Fair Credit Reporting Act. Plaintiff alleged that one of Defendant’s salespersons appeared
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Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions
In Cuppels v. Mountaire Corporation, C.A. No.: S18C-06-009 (Del. Sup. Ct. June 29, 2020), the Delaware Superior Court awarded monetary sanctions to Plaintiffs as a result of Defendants’ inappropriate redactions. The case arose from claims made by Plaintiffs related to the operation of a chicken processing facility. Following Defendants’ motion
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Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate
In EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. M1 5100 CORP., d/b/a JUMBO SUPERMARKET, INC., No. 9:19-cv-81320-WPD (S.D. Fla. 2020), the District Court granted, in part, Plaintiff’s motion to compel after finding that Defendant’s self-collection of ESI was inadequate. In this case, Plaintiff, the EEOC, filed it’s complaint under the Age Discrimination
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Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms
[kc_row use_container=”yes” force=”no” column_align=”middle” video_mute=”no” _id=”210407″][kc_column width=”12/12″ video_mute=”no” _id=”564677″][kc_column_text] In OJ COMMERCE LLC, and NAOMI HOME, INC., v. KIDKRAFT, LP and MID-OCEAN PARTNERS, LP, No. 19-60341-CIV-COOKE/SNOW (S.D. Fla. 2020), the District Court granted Plaintiffs’ motion to compel production of documents which were withheld by Defendants even though the documents were
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Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages
In Beverly John v. County of Lake, 18-cv-06935-WHA(SK) (N.D. Cal. Jul. 3, 2020), the Magistrate Judge recommended that the District Court provide adverse inference jury instructions to the jury based upon a finding that Defendants and their counsel spoliated evidence. The Magistrate Judge also determined that monetary sanctions were appropriate.
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In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems
In The Ruby Slipper, LLC v. Belou, et al, No. 18-1548 (E.D. La April 6, 2020), Chief Magistrate Judge Karen Wells Roby denied Plaintiff’s Motion for Supplemental Forensic Examination which sought to forensically examine previously undisclosed computers on the grounds that Defendant did not violate the previous Order on Protocol
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Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient
In Santana v. MKA2 Enterprises, Inc., No. 18-2094-DDC-TJJ (D. Kan. Jan. 8, 2019), a Magistrate Judge denied Defendant’s Motion to Compel regarding Defendant’s request for Plaintiff to produce all of his cellphones for inspection and copying while also ordering Plaintiff to “produce complete copies of all responsive text messages to