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 to Plaintiff’s girlfriend. On October
Motions to Compel Archives - ILS
- ILS Team
- April 29, 2022
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. On August 22, 2019, Plaintiff
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- ILS Team
- April 8, 2022
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 used Slack, and standard email,
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- ILS Team
- March 4, 2022
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 to produce (1) 487 Facebook
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- ILS Team
- February 25, 2022
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 Rule 37(e). In February of
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- ILS Team
- February 18, 2022
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 against Defendants and individual healthcare
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- ILS Team
- February 11, 2022
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 to compel and/or for sanctions
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- ILS Team
- January 14, 2022
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 the appropriate sanction. In December
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- ILS Team
- January 7, 2022
Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data
In JOHN DOE v. PURDUE UNIVERSITY, No. 2:17-CV-33-JPK (N.D. Ind. Jul. 2, 2021) before the Court was Defendants’ Request for Issuance of Order to Show Cause Regarding Plaintiff’s Non-Compliance with Order and Spoliation of Evidence. At issue was social media discovery from Plaintiff sought by Defendants, Purdue University and related parties, regarding Plaintiff’s claim that
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- ILS Team
- December 31, 2021
Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied
In In re: ZANTAC (RANITIDINE) PRODUCTS LIABILITY LITIGATION, No. 20-MD-2924 (S.D. FL Nov. 15, 2021) Defendants served the 10 named Class Plaintiffs with Requests for Production and Interrogatories related to the Second Amended Consolidated Economic Loss Class Action Complaint and the Amended Consolidated Medical Monitoring Class Action Complaint. At issue was whether Class Plaintiffs were
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