Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced
In IN RE ACTOS ANTITRUST LITIGATION, Master File No. 1:13-cv-09244 (RA) (SDA) (S.D. N.Y., March, 2022), before the Court was Plaintiffs’ Letter Motion that sought to compel Defendant to “(1) produce all nonprivileged, responsive earlier-in-time emails that are part of the most-inclusive email threads [Defendant] already has produced or will
Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court
In RAVGEN, INC. v. STRECK, INC., No. 4:22CV3017 (D. Nebraska, March 29, 2022), before the Court was Plaintiff’s second motion to compel a third party’s response to subpoenas, Plaintiff’s request for attorney fees, and third party’s timeline for contemplated ESI search. On Feb. 4, 2022, Plaintiff filed a motion to
“Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI
In WISHART v. WELKLEY ET. AL., No. 19-CV-6189-DGL-MJP (W.D. NY., March 11, 2022), before the Court was Plaintiff’s motion for financial and non-financial sanctions. Plaintiff claimed that Correction Officer Welkley, Defendant, sexually harassed Plaintiff’s girlfriend when she came to visit Plaintiff in prison. The harassment allegedly involved a text messaging
Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel
In NORWOOD v. UNITED PARCEL SERVICE, INC., Case No. 19-2496-DDC-JPO (D. Kansas, Jan. 8, 2021), before the Court was Plaintiff’s Objections to two orders issued by Magistrate Judge James P. O’Hara. Plaintiff’s first Objection asked the Court to set aside Judge O’Hara’s Order that denied Plaintiff’s Third Motion to Compel.
Motion to Compel Production of Slack Messages Granted
In BENEBONE LLC v. PET QWERKS, INC., ET AL., Case No. 8:20-cv-00850-AB-AFMx (C.D. Cal. Feb. 2021), before the Court was Defendant’s motion to compel Plaintiff to produce Slack communications. “Slack is a cloud-based software system that allows a company to organize its electronic discussions into user-defined categories called ‘channels.’” Plaintiff
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II
Part I addressed the Court’s ruling in FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Fed. 2022), under Rule 37(e) regarding the duty to preserve. Part II below addresses the Court’s ruling regarding Rule 37(c) and the failure to produce. Defendants moved for sanctions under Rule 37(c)(1) for Plaintiff’s failure
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I
In FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Feb. 2022), before the Court was Defendants’ motion for sanctions under Federal Rule of Civil Procedure 37(c)(1) and (e), which presented a multitude of alleged sanctionable conduct by Plaintiff. Part 1 of this post will focus on the Court’s analysis under
Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants
In McCRIMMON and DETTMANN v. CENTURION OF FLORIDA, No. 3:20-cv-36-BJD-LLL (M.D. Fla. Feb. 7, 2022) before the Court were several issues including discovery disputes regarding search terms, unredacted versions of documents covered by HIPAA, and computer queries conducted by Defendants. Plaintiffs, co-administrators of decedent’s estate, proceeded on an amended complaint
Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity
In RAINS v. WESTMINSTER COLLEGE and KOERNER, No. 2:20-cv-00520 (D. Utah Feb. 1 2022), before the Court was Plaintiff’s Short Form Motion to Compel and/or for Sanctions for Spoliation. The case arose from Plaintiff’s allegations that she was wrongfully terminated from a faculty position by her former employer. Plaintiff moved
Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders
In STATE FARM MUTUAL, AUTOMOBILE INSURANCE CO., v. MAX REHAB PHYSICAL THERAPY, LLC, ET AL., No.: 18-13257 (E.D. Mich. June 28, 2021), before the Magistrate Judge was the issue of Defendants’ repeated violations of Plaintiff’s discovery requests and various court orders and whether default judgment in favor of Plaintiff was