In Ensing v. Ensing, et. al., Case No. 12591 (Del. Court of Chancery, Mar. 6, 2017), Plaintiff and Defendant Ensing were at one time married, and at the time, they owned together an Italian vineyard with a winery and hotel on the property operated through two Delaware limited liability companies. Plaintiff was a member of
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- February 20, 2017
Court Compels Production in Native Format Over Objection of California Department of Education
In Morgan Hill Concerned Parents Association, et. al. v. California Department of Education, et. al., Case No. 11-3471 (E.D. Cali Feb. 1, 2017), two associations of parents and children with disabilities sued Defendants alleging violations of the Individuals with Disabilities Education Improvement Act by systemically failing to provide free appropriate public education to disabled children. During discovery,
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- February 1, 2017
Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It
In Mr. Mudbug, Inc. v. Bloomin’ Brands, Inc., Case No. 15-5265 (E.D. La., Jan. 11, 2017), Plaintiff allegedly expanded its facilities to meet the requirements of Defendant’s contract, but then Defendant allegedly diverted business from Plaintiff and ultimately withdrew the entire contract. Defendant countersued for breach of contract. During litigation, Defendant served two sets of
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- November 21, 2016
Plaintiff Ordered to Produce Metadata for Privilege Log
In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., Case No. 15-01300 (D. S.C., Nov. 3, 2016), Plaintiff entered into a fronted insurance program with two reinsurance companies, Redwood and Dallas, whereby Redwood and Dallas assumed the risk but Plaintiff received a fee in exchange for their use of its name and paper.
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- April 25, 2016
Eastern District of North Carolina Compels Re-Production of Certain ESI in Native File Format
Plaintiff in Spring v. Board of Trustees of Cape Fear Community College et. al., Case No. 15-00084 (E.D. N.C., Apr. 7, 2016) sued Defendants, a community college and various of its board members in their official capacity, for breach of contract as well as violations of various constitutional rights. Plaintiff was the former President of
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- March 7, 2016
Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index
The pro se Plaintiff in Stormo v. City of Sioux Falls, et. al., Case No. 12-04057 (D. S.D., Feb. 19, 2016) sued Defendants for violations of his civil rights with respect to his personal property. The court granted summary judgment in part to Defendants, and Plaintiff amended his complaint to add new claims. Throughout the case, discovery disputes
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- January 8, 2016
Southern District of Ohio Denies Access to Affidavit Metadata in Age Discrimination Case
In Guyton v. Exact Software North America, Case No. 14-502 (S.D. Ohio, Dec. 21, 2015), Plaintiff sued Defendant, her former employer, for age discrimination and sex discrimination. Defendant terminated Plaintiff after what Plaintiff alleges were years of favorable evaluations and promotions without negative incidents. At her termination, Defendant advised her that she was being terminated for
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- October 12, 2015
Metadata Reveals Redacted Files Containing Discoverable Data
In U.S. Securities and Exchange Commission v. Commonwealth Advisors, Inc. et. al., Case No. 12-700 (M.D. La., Sept. 28, 2015), the Middle District of Louisiana considered Plaintiff’s motion to compel Defendants to produce additional documents for which Plaintiff argued Defendants had waived the attorney-client privilege. The court had earlier required Defendants to submit revised privilege logs to
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- September 25, 2015
Defendants Ordered to Produce Email Metadata
In Prezio Health, Inc. v. Schenk, et. al., Case No. 13-1463 (D. Conn., Sept. 9, 2015), the District of Connecticut recently considered whether to order Defendants to produce metadata for already-produced emails in a recent opinion. Plaintiff sued a former employee and his current employer for violations of a non-compete provision in the employee’s contract
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- September 18, 2015
Court Orders Defendant to Produce Native Files of Draft Affidavits
In Johnson v. RLI Insurance Company, Case No. 14-00095 (D. Alaska, Aug. 31, 2015), Plaintiff was injured in a car accident in which the driver was killed. Plaintiff sued the driver’s estate and received an over $2 million judgment and the assignment of any claims the estate had against its insurance company. Plaintiff then sought a declaratory
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