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Court Encourages Plaintiff to Craft a Narrower, More Targeted Discovery Request Through Depositions
In Rembrandt Diagnostics LLP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), (S.D. Cal. Oct. 3, 2017), the dispute was over drug-testing cups for screening urine samples. The Plaintiff, Rembrandt Diagnostics, LP (“Rembrandt”), alleged that the Defendant, Innovacon, Inc. (“Innovacon”), breached the patent license agreement established between both companies’ predecessors. Innovacon
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Court Denies Defendant’s Motion for Spoliation; Grants Summary Judgment in Favor of Plaintiff
In IBM v. Naganayagam, No. 15-cv-7991, (S.D.N.Y. 2017), Plaintiff filed a motion for summary judgment and Defendant filed a cross-action pursuant to Rule 37 of the Federal Rules of Civil Procedure for spoliation sanctions. In this action, the Plaintiff sought to rescind several Equity Award Agreements (“EAAs”) given to Defendant
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Court Rejects Defendant’s Claim He Does Not Have Control of Responsive Documents: Court Says Custody and Control Compels Production
In Rabang, et al., v. Kelly et al., No. 2:17-cv-00088-JCC, U.S. Dist. Ct. (W.D. Wash. 2017) the United States District Court for the Western District of Washington compelled the Defendants to produce multiple documents after, as the Court described, Defendants stonewalled Plaintiffs in their requests. Defendant has refused to produce
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Court Denies Motion For Corporate Email, ESI as Premature For Failure to Comply With Meet & Confer Requirements
Kellgren v. Petco Animal Supplies, Inc., No. 3:13-cv-644L-KSC, (S.D. Cal. March 10, 2017) is a collective litigation in which plaintiffs Erik Kellgren (“Kellgren”) and others employed as Assistant Managers in Defendants’ stores claim to have been misclassified as “exempt” from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The central
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Court Demands Specificity in Motions to Compel Discovery
In Doctors Pathology Servs., PA v. Gerges, C.A. No 11457-CB (Del. Ch. Feb. 15, 2017), the court demanded that parties be specific as to which discovery requests were problematic, including providing specific numbers of discovery requests listed in the Motion to Compel. Here, Plaintiff had sued a former employee and
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Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails
In Nunnally v. Dist. of Columbia, 243 F. Supp. 3d 55 (D.C. 2017), the Court granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence by Defendant. In 2004, Ronda Nunnally (“Nunnally”), a Lieutenant in the District of Columbia Metropolitan Police Department (“MPD”), filed a
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Court Rejects Defendant’s Motion to Dismiss In Trade Secret Theft via Dropbox Account Case
In Abbott Laboratories v. Finkel, No. 17-cv-00894-CMA, Dist. Court, (D. Colo. 2017), a dispute arose after Defendant transferred company information and documents into a Dropbox account. On December 8, 2014, Plaintiff Abbott Laboratories (“Abbott”) hired Defendant Dustin Finkel as a General Manager for its Nutrition Division. While Defendant worked for
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Defendant Asks Court to Compel Plaintiff to Return Privileged Documents Inadvertently Produced During Discovery. Court Declines, Agreeing with Plaintiff that Inadvertent Production Twice Waived Privilege
In Irth Solutions, LLC v. Windstream Commc’ns, LLC, No. 2:16-cv-219 (S.D. Ohio 2017), a discovery dispute arose out of state court lawsuit filed in January 2016, involving allegations of breach of contract, balance due on an account, unjust enrichment, promissory estoppel, fraud, and violation of a license agreement. The ensuing discovery
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Ephemeral Technology Used to Evade Discovery Upends Uber Trade Secret Theft Case
In Waymo LLC v. Uber Technologies, Inc., Dist. Court, (N.D. Cal. 2017), a December trial date was put on hold after the disclosure of an inflammatory letter written by the attorney of one of Uber’s former employees. Plaintiff Richard Jacobs (“Jacobs”) served as Uber’s Manager of Global Intelligence from March
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Court Grants Plaintiff’s Motion to Compel Adding Chicago Mayor Rahm Emanuel and His Staff as ESI Custodians
In Mann v. City of Chicago, No: 1:15-cv-09017 Dist. Court (N.D. Ill., 2017), Plaintiffs moved to compel Defendant City of Chicago to include Mayor Rahm Emanuel and ten members of his staff as custodians in the City’s email search. Plaintiffs sued Chicago police officers and the City of Chicago (“the