Motions to Compel Archives - Page 11 of 13

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October 14, 2016

Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production

In State Farm Mutual Automobile Insurance Company v. Universal Rehab Services, Inc., et. al., Case No. 15-10993 (E.D. Mich., Sept. 26, 2016), Plaintiff sued Defendants for allegedly engaging in a scheme to submit fraudulent no-fault insurance benefit claims. During discovery, Defendants propounded interrogatories and requests for production of documents upon Plaintiff, who submitted responses that

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September 9, 2016

Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad

In Rocket Real Estate, LLC et. al. v. Maestres, Case No. 15-62488 (S.D. Fla., Aug. 24, 2016), Plaintiffs began doing business with Defendant to purchase and re-sell distressed properties. Plaintiffs bought a property and renovated it, and Defendant moved into the property. Defendant refused to sell the property or to pay for it, and then began

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May 25, 2016

New York State Court Grants Motion to Compel Audit Trails in Medical Malpractice Case

In Gilbert v. Highland Hospital, Case No. 2015/03896, 2016 NY Slip Op 26147 (Supreme Court of New York, Monroe County, Mar. 24, 2016), a medical malpractice case, Plaintiff sued Defendant hospital on behalf of Plaintiff’s decedent, who presented at the hospital with nausea, abdominal pain and vomiting and was released several hours later without being

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November 30, 2015

Shareholder Motion to Compel Denied by District of Nebraska

In Tracy v. Telemetrix, Inc. et. al., Case No. 12-359 (D. Nebraska, Nov. 13, 2015), a shareholder derivative suit, Plaintiff sued Defendants for defrauding and mismanaging Telemetrix for the benefit of the individual and corporate defendants. At a discovery hearing, the magistrate judge ordered production of certain email threads and bank records as well as

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October 26, 2015

Southern District of New York Grants Motion to Compel Filed by Injured Prison Inmate

In Rembert v. Cheverko et. al., Case No. 12-9196 (S.D.N.Y., Oct. 9, 2015), a civil suit filed by an inmate in the Westchester County Department of Corrections system who alleged that he injured his arm and did not receive proper treatment for it, the Southern District of New York considered Plaintiff’s motion to compel additional electronic

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December 19, 2014

Court Grants Plaintiff’s Motion to Compel Defendant to Produce Pre-Class Certification Discovery

In Peters v. Credit Protection Association LP, Case No. 2:13-cv-767 (S.D. Ohio November 26, 2014), a putative class action lawsuit alleging Defendant violated the Telephone Consumer Protection Act and the FCC rules by making artificial voice and pre-taped calls, Plaintiff’s eDiscovery requests sought information regarding all debt collection calls made in Ohio using an automated telephone system for

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November 19, 2014

Plaintiff To Receive FRCP 37 Attorney Fees After Defeating Defendant’s Unjustified Motion To Compel

Under Federal Rule of Procedure 37(a)(5)(B), a court denying a motion to compel may award attorney fees to the prevailing party provided that the court does not conclude that the motion to compel was “substantially justified” or that “other circumstances [would] make an award of expense unjust.” The party who lost the motion bears the burden of persuasion

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July 31, 2013

Plaintiff Awarded Fees for Unorganized and Misclassified Defense Production

In our last blog, we began a discussion of the state court case Hull et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013). In this complex business litigation case, the defendants produced 156,000 documents that the plaintiffs characterized as unorganized and a violation of defendant’s discovery duties. Additionally, the defendant’s characterized 83 percent of

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July 12, 2013

Plaintiff Electronic Discovery in Patent Case: Disclosing the Source (Code)

In a case before the U.S. Court of Appeals to the Federal Circuit, the plaintiff held a patent dealing with weather reporting and forecasting. In Baron Services, Inc. v. Media Weather Innovations LLC, No. 11-CV-1606 (Fed. Cir. 2013), plaintiff Baron filed a patent-in-suit claim against defendant MWI, a company that was started by its own

Motions to Compel Archives - Page 11 of 13 - ILS