Category: FRCP

  • Can an International Subpoena Obtain Metadata from Google and Twitter?

    29 Oct 2014

    In Re Request for Subpoena by Ryanair Limited, Case No. 5:14-mc-80270-BLF-PSG(N.D.Cal. Oct. 9, 2014) is an application for an order to obtain discovery to third-party witnessses Google and Twitter regarding a lawsuit pending in the Dublin Circuit Court in Ireland. Applicant obtained a default judgment against the Defendant in the

  • What is the 7th Circuit Electronic Discovery Pilot Program?

    10 Oct 2014

    As eDiscovery is now ubiquitous with almost all civil litigation, courts and attorneys nationwide are broaching new territory regarding parties’ obligations for ESI production. The 7th Circuit began an electronic discovery pilot program with a stated purpose is to “provide incentives for the early and informal information exchange on commonly

  • Can You Amend a Pleading to Allege eDiscovery Abuses?

    29 Sep 2014

    In Amusement Industry, Inc. v. Moses Stern No. 07 Civ. 11586 (LAK)(GWG)(S.D.N.Y. Sept. 10, 2014), Plaintiff motioned after the close of discovery to amend its pleading to add a state law claim of “deceit.” The motion alleged Defendant wrongfully omitted key emails from the defense production and improperly and misleadingly

  • Do Overly Broad eDiscovery Requests Allow for Cost-Shifting?

    21 Jul 2014

    In Georgia-Pacific LLC v. OfficeMax Inc., et al., (N.D. Cal. June 30, 2014), the court was tasked with deciding whether Plaintiffs’ objections to Defendants’ broad electronically stored information (ESI) requests necessitated cost-shifting. Defendants requested that Plaintiffs produce its executive emails from five custodians, including: 1. The executives’ servers, shared files,

  • Can a Defendant Unilaterally Redact Info It Deems Irrelevant from a Production?

    18 Jul 2014

    In response to the plaintiff steering committee’s discovery requests in the multidistrict litigation In re: Stryker Rejuvenate and ABGII Hip Implant Products Liability Litigation (D. Minn. June 20, 2014), Defendant produced 3,400 documents of which 1,932 were redacted. Defendant produced a privilege log, but Plaintiff contended that this redacted information

  • Can Plaintiffs Produce ESI in the Usual Course of Business?

    11 Jul 2014

    Producing relevant electronically stored information (ESI) and compelling discovery are common concepts in litigation. However, some litigants are still confused by ESI productions and FRCP 34(b)(2)(E)(i). The court clarified this issue in Guild Associates, Inc. v. Bio-Energy (Washington) LLC, (S.D. Ohio June 18, 2014). The pertinent part of the case

  • When Must a Defendant Redo its ESI Production?

    2 May 2014

    Our last post reviewed the disagreement over the “Concordance Load File Stipulation” that the parties entered into in the case EEOC v. SVT, LLC d/b/a Ultra Foods, Cause No. 2:13-CV-245-RLM-PRC (N.D. Ind. April 10, 2014). Despite the agreement with Plaintiff that the load file production would be tendered in native format,

  • Plaintiff ESI Requests Causing eDiscovery Disputes in Employment Case

    28 Feb 2014

    In the case Assaf v. OSF Healthcare System, No. 11-4108 (C.D.Ill. January 29, 2014), the court considered two motions: Plaintiff’s Motion to Compel and Defendants’ Motion to Limit Discovery. In this employment discrimination case, plaintiff alleged violations of Title VII, breach of contract and a state law employment claim. Plaintiff

  • Defendant Must Provide Electronic Documents in Reasonable Form

    1 Dec 2013

    In Home Instead, Inc. v. Florance, No. 8:12CV264 (Dist. Court, D. Nebraska Nov. 8, 2013), plaintiff Home Away alleged defendant Florance violated a non-compete agreement, took trade secrets and used licensed marks of Home Away without permission. Florance operated a franchise under Home Away for fifteen years. During depositions, Florance

  • Inadvertently Produced Email Threads Lead to Privlege Dispute

    29 Nov 2013

    Inadvertent discovery disclosure is governed by Fed.R.Civ.Pro. 26.  It is not entirely uncommon for a paralegal, support staff or even attorneys to mistakenly produce documents or electronic data that is protected by attorney-client privilege. However, when it does happen, it can easily lead to ongoing disputes over the production. One