-
Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production
In Apex Colors, Inc. v. Chemworld International Limited, Inc. et. al., Case No. 14-273 (N.D. Indiana, June 16, 2016), a trade secret/misappropriation case involving several claims and counterclaims between the parties, the Northern District of Indiana weighed in regarding native format Excel spreadsheets after the parties engaged in numerous discovery
-
Plaintiff’s Case Dismissed Despite Evidence of Electronic Data Spoliation
In Brodie v. Burwell, et. al., Case No. 15-322 (District of Columbia, June 13, 2016), Plaintiff introduced allegations of spoliation to buttress his third attempt to sue the entities and individuals he deemed responsible for his debarment as a university researcher. Plaintiff, a molecular pathologist, was employed at the University
-
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
-
Texas Court Ruling on Dueling Motions to Compel ESI
McKinney/Pearl Restaurant Partners, L.P. v. Metropolitan Life Insurance Company, CBRE, Inc. et. al., Case No. 14-2498 (N.D. Texas, May 25, 2016), a federal diversity case, arises from a dispute between a restaurant and its current and former commercial landlords. The restaurant, Sambuca, asserted claims for breach of contract and various other business and
-
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
-
DC Court Denies FOIA Request for Certain Audit Trails
In Bagwell v. U.S. Dept. of Education, Case No. 15-334 (D.D.C., Apr. 26, 2016), Plaintiff sued Defendant after submitting a FOIA request to Defendant and receiving limited, redacted materials (of the 54,000 pages it found that were responsive). Defendant asserted that it withheld certain records based upon various FOIA exemptions.
-
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
-
Southern District of Ohio Grants Preservation Order as to Non-Party
In Chiropractic & Rehabilitation Center, Inc. v. Foot Levelers, Inc., et. al., Case No. 16-236 (S.D. Ohio, Apr. 27, 2016), Plaintiff sued Defendants for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited marketing materials to Plaintiff and others. Plaintiff sought certification for a class action lawsuit, and thus
-
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
-
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