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NY Court Orders Adverse Inference Instruction for Email Spoliation
In Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, Case No. 654586/2012 (Supreme Court of New York, New York County, December 7, 2015), Plaintiff sued Defendant over trust funds allegedly mistakenly turned over to Defendant and kept. Plaintiff filed a Motion for Sanctions, asserting that Defendant failed to
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Six-Week Continuance to Review 1.9 Million Documents in the ESI Production?
In the criminal case of U.S. v. Pomrenke, Case No. 15-CR-00033 (W.D. Va., December 10, 2015), the U.S. government made an enormous document and ESI production to defense counsel less than 45 days before trial. As a result, Defendant requested a continuance of over six months, as defense counsel needed
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Television Station Compelled to Produce Emails in Defamation Case
In Deegan v. Nexstar Broadcasting, Inc., Case No. 14-1419-J-39 (M.D. Florida, Nov. 18, 2015), a TV meteorologist filed a defamation suit against a local television station, alleging that the station posted a photo of him in a story about a sex offender with the same name. During discovery, Plaintiff sought production
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Shareholder Motion to Compel Denied by District of Nebraska
In Tracy v. Telemetrix, Inc. et. al., Case No. 12-359 (D. Nebraska, Nov. 13, 2015), a shareholder derivative suit, Plaintiff sued Defendants for defrauding and mismanaging Telemetrix for the benefit of the individual and corporate defendants. At a discovery hearing, the magistrate judge ordered production of certain email threads and
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Court Denies “Fishing Expedition” for Privileged Attorney-Client Emails
The Middle District of Tennessee recently denied a plaintiff’s motion to compel production of allegedly privileged emails. In Armouth International, Inc. v. Dollar General Corp. et. al., Case No. 14-0567 (M.D. Tenn., November 2, 2015), Defendants withheld certain email threads and redacted other emails on the basis of attorney-client privilege.
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Compilation of Email and Electronic Data Included in Bill of Costs?
In Bumpers v. Austal USA, LLC, Case No. 08-00155 (S.D. Al., Nov. 5, 2015), judgment was entered in favor of Defendant. As the prevailing party, Defendant filed a bill of costs, which included production costs. Plaintiff objected to the bill of costs. The clerk then taxed the Bill of Costs,
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Middle District of Georgia Grants Houston County Sheriff’s Motion to Exclude Evidence of Alleged Spoliation
The Middle District of Georgia has excluded evidence at Defendants spoliated electronic evidence. In West v. Talton, Case No. 13-338 (M.D. Ga., Nov. 2, 2015), Plaintiff sued Defendants, the Houston County Sheriff and the Sheriff’s Department, for employment discrimination. During discovery, Plaintiff deposed a Houston County representative and discovered that
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SNDY Rebukes Defendants for Improper Communications with Putative Class Members
In Agerbrink et. al. v. Model Service, LLC et. al., Case No. 14-7841 (S.D.N.Y., Oct. 27, 2015), Plaintiffs sued Defendants in a class action for violations of the Fair Labor Standards Act (FLSA). During the case, Plaintiffs alerted the court that an agent of Defendants sent an email to putative
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Southern District of New York Grants Motion to Compel Filed by Injured Prison Inmate
In Rembert v. Cheverko et. al., Case No. 12-9196 (S.D.N.Y., Oct. 9, 2015), a civil suit filed by an inmate in the Westchester County Department of Corrections system who alleged that he injured his arm and did not receive proper treatment for it, the Southern District of New York considered
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Court Orders Defendant to Produce Emails From Backup Tapes; Refuses to Order Cost Shifting
In the qui tam action United States ex rel Guardiola v. Renown Health, et. al., Case No. 12-00295 (D. Nev., Aug. 25, 2015), Plaintiff sought production of certain emails from Defendant based upon search terms, custodians, and other parameters agreed upon by the parties. The court set the relevant time period from