Motions to Compel

ILS Team
December 25, 2019

Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith

In Herzig v. Arkansas Foundation for Medical Care, Inc., No. 2:18-CV-02101 (W.D. Ark. July 3, 2019), the Arkansas District Judge found that Plaintiffs acted in bad faith by using and “manually configuring [the messaging app] Signal to delete text communications” and by failing to disclose those deleted messages to Defendant. However, the Court declined to

ILS Team
December 11, 2019

Objections To Production of Emails Overruled Due To Lack of Privilege

In Guardiola v. Adams City School District No. 14 et al., No. 1:18-cv-03230-RM-NRN (D. Colo. Oct. 25, 2019), the District Court Judge overruled Defendant’s objection to the Magistrate Judge’s order compelling them to disclose certain emails that Defendant argued were subject to the attorney-client privilege on the grounds that “the disputed emails do not directly

ILS Team
November 13, 2019

Motion To Compel Native Production Denied Because Native Was Not Specified

In Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s Motion for Order Against Defendant to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with associated metadata. The denial was

ilsteam
October 2, 2019

Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI

In Saulsberry v. Savannah River Remediations, LLC., No. 1:16-cv-02792-JMC(D.S.C. Sep. 19, 2019), the United States District Court for South Carolina denied Defendant’s motion in limine to bar Plaintiff from making adverse comments regarding Defendant’s failure to produce certain relevant ESI on the grounds that doing so would amount to an absolute bar to Plaintiff’s ability

ilsteam
September 25, 2019

Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated

In Crosmun v. Trustees of Fayetteville Technical Community College, No. COA18-1054 (N.C. Ct. App. Aug. 6, 2019), the Court of Appeals of North Carolina vacated the lower court’s opinion and remanded for further proceedings after holding that the trial court abused its discretion by compelling the production of ESI through a protocol that allowed Plaintiff’s

ilsteam
August 22, 2019

Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order

In Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN)(S.D.N.Y. July 12, 2019), a New York Magistrate Judge granted in part and denied in part Defendant’s motion to compel Plaintiff to produce printouts of two files of source code, a log file, and a listing of directories and files despite such material being covered by a previously

ilsteam
August 15, 2019

Court Denies Plaintiff’s Request for His Entire PST File

In Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s request to receive his entire e-mail personal storage (PST) file on the grounds that such a request was overbroad and not proportional to the underlying action. This case stems from Plaintiff’s allegations that he was fired in

ilsteam
August 6, 2019

Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct

In Abbott Laboratories, et al. v. Adelphia Supply USA, et al., No. 15-CV-5826(CBA)(LB) (E.D.N.Y May 2, 2019), a New York Magistrate Judge recommended that Plaintiff’s motion for case ending sanctions be granted on the grounds that Defendants’ course of conduct presented “a cautionary tale about how not to conduct discovery in federal court.” The underlying

ilsteam
August 1, 2019

Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate

In Lawson v. Spirit Aerosystems, Inc., No. 18-1100-EFM-ADM (D. Kan. April 26, 2019), a Kansas Magistrate Judge granted in part and denied in part Plaintiff’s motion to compel, ordering Defendant to produce documents related to two requests and, with regard to a third request, ordered Defendant to produce documents “to the extent such documents are

ilsteam
July 26, 2019

Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity

In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), the Magistrate Judge granted and denied Plaintiff’s motion to compel in part, ruling that Defendant’s objections to Plaintiff’s discovery request were waived on the grounds of failing to timely object and for objecting