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Plaintiffs Avoid Sanctions for Untimely Production of ESI
In our last post, we reviewed the facts and procedure of the class action lawsuit Federico et al. v. Lincoln Military Housing LLC, et al., Case No. 2:12-cv-80 (E.D. VA, Dec. 31, 2014). After Defendant filed a motion to compel and a motion for sanctions and after the court ordered
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Plaintiff Email and Facebook Accounts Sought in Class Action Lawsuit
Plaintiffs alleged Defendants failed to maintain their residential properties and failed to remedy the properties after mold was discovered, resulting in personal injury in the class action case Federico et al., v. Lincoln Military Housing LLC, et al., Case No. 2:12-cv-80 (E.D. Virginia, December 31, 2014). Defendants sought Plaintiff ESI, including
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Delaware Chancery Court Sanctions Counsel for Violating Ethical Duty to Maintain Technological Competence
In our last post, we reviewed an eDiscovery dispute in the class action litigation James et al. v. National Finance LLC, C.A. No. 8931-VCL (Del. Ch. Dec. 5, 2014) where Defendant failed to comply with the Delaware Court of Chancery’s order that Defendant provide Plaintiffs with an affidavit from its ediscovery vendor regarding
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Class Action Defendant’s Inaccurate Spreadsheet Leads to eDiscovery Dispute
James v. National Finance LLC, C.A. No. 8931-VCL (Del. Ch. Dec. 5, 2014) is a class action lawsuit alleging unlawful lending practices. In response to Plaintiffs’ initial discovery requests, Defendant produced an Excel spreadsheet which purported to disclose the class members’ annual percentage rates (APRs). Plaintiffs noted discrepancies between the
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Are ESI Costs Recoverable If The Parties Did Not Have An ESI Formatting Agreement?
Our last post began a discussion of Bonillas v. United Air Lines Inc., No. C-12-06574(EDL) (N.D. Cal. Dec. 19, 2014), where United Airlines has filed a currently pending Bill of Costs for ESI as the prevailing party under § 1920(4). (Read our last post for the details on United’s initial Bill of
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Are ESI Costs Recoverable by a Prevailing Party Under 28 U.S. Code Section 1920?
The Northern District of California in Bonillas v. United Air Lines Inc., No. C-12-06574 (EDL) (N.D. Cal. Dec. 19, 2014) recently considered Defendant United Airlines’ request for ESI costs as the prevailing party on summary judgment pursuant to 28 U.S. Code Section 1920’s taxation of costs provision. Citing Alzheimer’s Institute of America, Inc.
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Piecemeal eDiscovery Production at Issue in Contentious Litigation
In Armstrong Pump, Inc. v. Hartman d/b/a Optimum Energy LLC, No. 10-CV-446S(2014 WL 6908867)(W.D.N.Y.), defendant Optimum filed a motion for miscellaneous discovery relief. Prior to the present Motion, the court had warned plaintiff Armstrong to not engage in a piecemeal discovery production. After the warning, Armstrong had produced nine separate
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Does the Federal Circuit Model ESI Order Have a Different Approach for Email?
The Federal Circuit has a Model E-Discovery Order for patent infringement cases, which provides for a two-tier approach to electronically stored information (ESI). The first stage is for production of responsive non-email ESI, and the second stage is for email. To streamline the email process, parties are to agree to
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Agreement on Native Productions Notwithstanding Disputes Regarding Deduplication, Metadata and PDF Sub-Files
In Williams v. Convival Corp, et al., Case No. 2:13-cv-02019-APG-PAL (D.Nev. December 5, 2014), the parties disagreed on an appropriate ESI Protocol Order and sought the court’s guidance. Plaintiff wanted the protocol to begin with a guidelines section that i) encouraged reasonable eDiscovery with the goal of limiting cost, burden and time; ii) required
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Plaintiff Not Obligated To Produce ESI Maintained By Plaintiff’s eDiscovery Vendor
In Ablan v. Bank of America, Case No. 11 C 4493 (N.D.Ill. Nov. 24, 2014), Defendant sought discovery from Plaintiff regarding documents and data that third-party Tax Strategies Group (TSG) had produced in a related settled state court litigation. Plaintiff stated that it had disposed of the discovery TSG produced in the state court action, and