Motions to Compel

ILS Team
November 24, 2020

Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term

In Masimo v. Sotera Wireless, Case No. 19cv1100 (S.D. California Nov.16, 2020), before the Court was the parties’ Joint Motion for Determination of Discovery Dispute where Plaintiff sought to compel a production of emails from Defendant Sotera’s former CEO. The case arose from Plaintiff’s allegation that Defendant infringed on nine of its patents. Plaintiff also

ILS Team
November 16, 2020

Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record

In Wiggins v. Bank of Am., N.A., Civil Action 2:19-cv-3223 (S.D. Ohio Nov. 4, 2020), the parties disputed, among others, the sufficiency of Defendants’ production from its Documentum ESI repository. The case arose from Plaintiff’s challenges to Defendants’ policy of assessing overdraft fees on its customers. As part of discovery, Defendants produced a limited number

ILS Team
November 2, 2020

Culling Through 10,000 Emails Not Overly Burdensome Rules Court

In Broussard v. Bd. of Supervisors of La. State Univ. & A & M Coll., No. 19-527-BAJ-RLB (M.D. La. Sep. 28, 2020), Plaintiff moved to compel and for sanctions under FRCP 37 on the grounds that Defendants failed to produce certain emails, among other discovery. The lawsuit arose from Plaintiff’s allegations that Defendants failed to

ILS Team
October 26, 2020

Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge

Before the Magistrate Judge in Hardman v. Unified Gov’t of Wyandotte Cnty., Case No. 19-2251-KHV-TJJ (D. Kan. Aug. 10, 2020) were a myriad of discovery disputes presented in Plaintiff’s motion to compel. Among others, Plaintiff moved for an order requiring Defendant to conduct searches using certain key words and for Defendant to include the email

ILS Team
October 19, 2020

Representative Examples of Search Hits Ordered In Discovery Dispute

In Taylor v. Shutterfly, Inc., Case No. 18-cv-00266-BLF (VKD) (N.D. Cal. Sep. 2, 2020), the issue before the Court was the parties’ dispute concerning the application of search terms to Defendant Shutterfly’s ESI collection. The case arose from Plaintiff’s claim that Shutterfly placed misleading advertisements on Groupon’s website. In addition to seven agreed upon search

ILS Team
October 12, 2020

Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper

In In re Onglyza (Saxagliptin) & Kombiglyze XR (Saxagliptin & Metformin) Prods. Liab. Litig., No. 5:18-MD-2809-KKC, (E.D. Ky. Aug. 19, 2020), at issue before the Magistrate Judge was Plaintiffs’ motion to compel arising from their claim that Defendants engaged in improper redactions of relevant information. Among the redaction types addressed by the Magistrate Judge were

ILS Team
September 28, 2020

Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute

Plaintiff in McMaster v. Kohl’s Dep’t Stores, No. 18-13875, (E.D. Mich. Jul. 24, 2020), filed a claim for wrongful termination under the American With Disabilities Act (“ADA”) against Kohl’s Department Store. Before the Court was Plaintiff’s Second Motion to Compel Discovery. Among the various discovery issues disputed by the parties were competing search term lists

ILS Team
September 14, 2020

Defendant Ordered To Produce Unredacted Versions of Documents

In Nieves v Baptist Memorial Medical Group, No. 18-2748-JTF (W.D. Tenn. June 23, 2020), the Court granted Plaintiff’s motion to compel unredacted versions of documents. The case was a class action contract and individual suit alleging a violation of federal anti-discrimination law. Plaintiff alleged that Defendant discriminated against him by, among others, withholding his pay,

ILS Team
August 24, 2020

Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions

In Cuppels v. Mountaire Corporation, C.A. No.: S18C-06-009 (Del. Sup. Ct. June 29, 2020), the Delaware Superior Court awarded monetary sanctions to Plaintiffs as a result of Defendants’ inappropriate redactions. The case arose from claims made by Plaintiffs related to the operation of a chicken processing facility. Following Defendants’ motion to dismiss, the Court entered

ILS Team
August 17, 2020

Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate

In EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. M1 5100 CORP., d/b/a JUMBO SUPERMARKET, INC., No. 9:19-cv-81320-WPD (S.D. Fla. 2020), the District Court granted, in part, Plaintiff’s motion to compel after finding that Defendant’s self-collection of ESI was inadequate. In this case, Plaintiff, the EEOC, filed it’s complaint under the Age Discrimination in Employment Act and alleged