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Motion to Compel Text Messages Denied for Untimely Filing after Discovery End Date
In Healthwerks, Inc. et. al. v. Stryker Spine, et. al., Case No. 14-93 (E.D. Wisc., Mar. 6, 2017), Plaintiffs sought declaratory judgment regarding two exclusive agency agreements entered into with Defendant Stryker. One month before the scheduled March 2016 trial, Plaintiffs and Third Party Defendants filed a Motion to Compel text
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Email in Native File Format with Metadata: More Important Than Ever in 2017!
How important is email communication for nearly every civil litigation? Typically, email is crucial for shedding light on disputed situations. As we have noted before, email is often candid and casual, since people still tend to treat email as a less formal means of communication than a formal business letter.
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Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown
In Excel Enterprises, LLC v. Winony PVD Coatings, LLC, Case No. 16-19 (N.D. Ind., Feb. 17, 2017), a breach of contract case, a discovery dispute arose surrounding Defendant’s production to Plaintiff. A Motion to Compel was filed, and after Defendant produced 30,000 documents, Plaintiff informed Defendant that the documents were
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Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case
In Mora v. Zeta Interactive Corp., et. al., Case No. 16-00198 (E.D. Cali., Feb. 10, 2017), Plaintiff brought a class action lawsuit against Defendants for violations of the Telephone Consumer Protection Act (TCPA). Plaintiff alleged that Defendants made unsolicited telephone calls to him and others similarly situated, who never had
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Redaction Log and Search Terms Ordered in Benecol Spreads Class Action
Martinelli et. al. v. Johnson & Johnson et. al., Case No. 15-1733 (E.D. Cali., Feb. 10, 2017) is a class action lawsuit initiated by purchasers of Benecol margarine products who alleged that the products contain misleading labeling due to their statements that the products contain no trans fats and no
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Court Compels Production in Native Format Over Objection of California Department of Education
In Morgan Hill Concerned Parents Association, et. al. v. California Department of Education, et. al., Case No. 11-3471 (E.D. Cali Feb. 1, 2017), two associations of parents and children with disabilities sued Defendants alleging violations of the Individuals with Disabilities Education Improvement Act by systemically failing to provide free appropriate public education
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Rural Michigan Police Department Sanctioned for Spoliation of Audio Evidence Surrounding Fatal Shooting
In Van Buren v. Crawford County et. al., Case No. 13-14565 (E.D. Mich., Jan. 17, 2017), Plaintiff, the personal representative for the estate of William Reddie, sued Defendant Grayling Police Department for excessive force related claims in connection with Reddie’s death. Defendant officers allegedly shot and killed Reddie while trying to remove
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Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It
In Mr. Mudbug, Inc. v. Bloomin’ Brands, Inc., Case No. 15-5265 (E.D. La., Jan. 11, 2017), Plaintiff allegedly expanded its facilities to meet the requirements of Defendant’s contract, but then Defendant allegedly diverted business from Plaintiff and ultimately withdrew the entire contract. Defendant countersued for breach of contract. During litigation,
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UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action
In Solo et. al. v. United Parcel Service Co., Case No. 14-12719 (E.D. Mich., Jan. 10, 2017), Plaintiffs allege that Defendant UPS breached its shipping contracts by overcharging for shipments with a declared value of over $300.00, incrementally increasing the charges based upon the value of the items being shipped.
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Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats
Ortega v. Management and Training Corp., Case No. 16-0665 (D. N.M., Jan. 6, 2017) is a race discrimination, retaliation and FLSA action originally filed in New Mexico state court but removed to federal court. Plaintiff was a former detention officer employed by Defendant to work at the Otero County Processing