Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced
In IN RE ACTOS ANTITRUST LITIGATION, Master File No. 1:13-cv-09244 (RA) (SDA) (S.D. N.Y., March, 2022), before the Court was Plaintiffs’ Letter Motion that sought to compel Defendant to “(1) produce all nonprivileged, responsive earlier-in-time emails that are part of the most-inclusive email threads [Defendant] already has produced or will
Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence
In EMERSON CREEK POTTERY, INC., v. EMERSON CREEK EVENTS, INC., ET AL., Case No. 6:20-cv-54 (W.D. VA, Feb. 18, 2022), before the Court was Plaintiff’s eleventh-hour motion for spoliation inferences. Plaintiff contended that counsel for Defendants failed to inform Defendants of their obligation to preserve ESI, and that counsel’s failure
Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts
In GINA VASOLI v. YARDS BREWING COMPANY, and TREVOR PRICHETT, Civil Action No. 21-2066 (E.D.P.A. Nov. 1, 2021), at issue was whether Defendants withheld ESI that would have been pertinent to Plaintiff’s employment discrimination and retaliation case. During discovery, Defendant Yards Brewing Company, LLC (“Yards”), and its Chief Executive Officer,
Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing
In IN RE VALSARTAN, LOSARTAN, AND IRBESARTAN PRODUCTS LIABILITY LITIGATION, Civil No. 19-2875 (D.N.J. 2021), the issue before the Court was whether a Confidentiality designation pursuant to a Discovery Confidentiality or Protective Order was appropriate. In this case regarding claims that the generic version of the drug Valsartan for high
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
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
Objections To Production of Emails Overruled Due To Lack of Privilege
In Guardiola v. Adams City School District No. 14 et al., No. 1:18-cv-03230-RM-NRN (D. Colo. Oct. 25, 2019), the District Court Judge overruled Defendant’s objection to the Magistrate Judge’s order compelling them to disclose certain emails that Defendant argued were subject to the attorney-client privilege on the grounds that “the
Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable
In United States v. Caputo, No. 3-18-cr-00428-IM (D. Or. Nov. 6, 2019), the Court denied Defendant’s motion to suppress ESI and various emails obtained via a warrant-less search of Defendant’s workplace email account on the grounds that under the military’s computer use policies in effect, “any expectation of privacy in
Court Denies Plaintiff’s Request for His Entire PST File
In Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s request to receive his entire e-mail personal storage (PST) file on the grounds that such a request was overbroad and not proportional to the underlying action. This case stems from Plaintiff’s allegations
Judge Rules There is No Duty on Non-Parties to Preserve Evidence
In Shamrock-Shamrock, Inc. v. Remark, No. 5D18-1987 (Fla. Dist. Ct. App. Apr. 26, 2019), the District Court of Appeals, Fifth District, ruled in favor of Appellee, holding that there is no duty on nonparties to a lawsuit to preserve evidence based on the foreseeability of litigation. This case stems from