Motions to Compel

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

ILS Team
August 10, 2020

Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms

ILS Team
August 3, 2020

Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages

In Beverly John v. County of Lake, 18-cv-06935-WHA(SK) (N.D. Cal. Jul. 3, 2020), the Magistrate Judge recommended that the District Court provide adverse inference jury instructions to the jury based upon a finding that Defendants and their counsel spoliated evidence. The Magistrate Judge also determined that monetary sanctions were appropriate. This case arose from Plaintiffs’

ILS Team
May 14, 2020

In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems

In The Ruby Slipper, LLC v. Belou, et al, No. 18-1548 (E.D. La April 6, 2020), Chief Magistrate Judge Karen Wells Roby denied Plaintiff’s Motion for Supplemental Forensic Examination which sought to forensically examine previously undisclosed computers on the grounds that Defendant did not violate the previous Order on Protocol for Forensic Examination and that

ILS Team
May 7, 2020

Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient

In Santana v. MKA2 Enterprises, Inc., No. 18-2094-DDC-TJJ (D. Kan. Jan. 8, 2019), a Magistrate Judge denied Defendant’s Motion to Compel regarding Defendant’s request for Plaintiff to produce all of his cellphones for inspection and copying while also ordering Plaintiff to “produce complete copies of all responsive text messages to the extent they have not

ILS Team
April 30, 2020

Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records

In Miller v. Sauberman, Index No. 805270/16 (N.Y. Dec. 6, 2018), a New York Supreme Court Justice denied Defendant’s motion for a protective order and granted Plaintiff’s cross-motion to compel the production of metadata related to Plaintiff’s medical records, despite Defendant’s estimated cost of $250,000 to produce such records. In an action for medical malpractice,

ILS Team
April 16, 2020

Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response

In White v. Relay Res. & Gen. Servs. Admin., No. C19-0284-JCC (W.D. Wash. Feb. 14, 2020), a Washington judge granted Defendant’s motion to compel after finding that Plaintiff’s conduct and responses did not reflect a good faith effort to comply with discovery rules. Accordingly, the Court ordered Plaintiff to provide the information requested in each

ILS Team
April 9, 2020

In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed

In Nguyen v. Costco Wholesale Corp., No. 9:19-cv-80393 (S.D. Fla. Jan. 27, 2020), a Florida Magistrate Judge denied plaintiff’s motion for sanctions for spoliation of a video allegedly showing a slip-and-fall by plaintiff on the grounds that defendant had no affirmative duty to preserve the video for the nearly two-year gap between the alleged accident