In Alta Devices, Inc. v. LG Electronics, Inc., Case No. 18-cv-00404-LHK (VKD)(N.D. Ca. Feb. 20, 2019), the court denied Plaintiff’s motion to require Defendant to conduct ESI searches across thirty-three custodial files, finding that Plaintiff’s request was not proportional to the needs of the case. In its motion, the Plaintiff emphasized that the information it
Motions to Compel
- ilsteam
- December 19, 2018
Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word
In Updateme Inc. v. Axel Springer SE, et al, Case No. 17-cv-05054-SI(LB) (N.D. Cal. October 11, 2018), the United States District Court for the Northern District of California granted Plaintiff’s motion for an order compelling Defendant to randomly select and review 10% of its unreviewed documents, produce all responsive documents in the set, and provide
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- ilsteam
- December 10, 2018
Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in the usual course of business…or in a reasonably usable form or forms.” A producing party ignores this requirement at its peril,
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- ilsteam
- October 5, 2018
Court Approves Plaintiff’s Proposed Search Terms for Searching Defendant’s ESI
In Shannon v. Honeywell Federal Manufacturing & Technologies, LLC., No. 4:17-CV-00787-DGK (W.D. Wi, July 20, 2018), the United States District Court for the Western District of Wisconsin granted Plaintiff’s Motion to Compel Defendant to run a search of Defendant’s Electronically Stored Information (“ESI”) using Plaintiff’s proposed search terms, finding Plaintiff’s proposed search terms proportional to
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- ilsteam
- July 6, 2018
Judge Orders Production of Cell Phone Records in Golden State Case
In Ortiz v. Amazon.com LLC, et al, No. 17-cv-03820-JSW (MEJ) (N.D. Cal. May 25, 2018), a California magistrate court ordered the plaintiff to give the defendant, Golden State, his cell phone account holder’s name and address in order for the defendant to subpoena the cell phone records. The plaintiff had failed to provide court-ordered cell
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- ilsteam
- June 27, 2018
Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage
In Mizzoni v. Allison (Case No. 3-15-cv-00313-MMD-VPC.) (United States District Court, D. Nevada. May 14, 2018) the United States District Court for the District of Nevada decided on the Plaintiff’s motion for spoliation sanctions against the Defendant. Joseph Mizzoni, the Plaintiff, is an inmate in the custody of the Nevada Department of Corrections. Multiple Nevada
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- ilsteam
- June 25, 2018
Court Grants Defendant’s Motion to Compel Discovery in Sexual Harassment Case
In Lassiter v. Hidalgo Medical Services (No. 17-cv-0850JCH/SMV, United States District Court, D. New Mexico, May 16, 2018), the United States District Court of New Mexico ruled on the Defendant’s motion to compel the production of a day planner in an employment retaliation case. The Plaintiff filed a lawsuit against her former employer, Hidalgo Medical
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- ilsteam
- June 22, 2018
Why Were Search Terms for Both Sides Rejected by an Ohio Magistrate Judge?
In a recent ruling from Ohio Magistrate Judge Elizabeth A. Preston Deavers, search terms from both the plaintiff and defendant were found to be too broad in scope. If these terms were left to pass, they could incur massive e-discovery costs for both sides. This makes the terms too burdensome for either party or for
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- ilsteam
- June 20, 2018
Are Discovery Disputes in Bankruptcy Court Subject to FRCP?
In Caesars Entertainment Operating Co., Inc., (United States Bankruptcy Court, N.D. Illinois, Eastern Division) (May 29, 2018) Caesars is asking for bankruptcy protections. However, during the course of organizing creditors, two parties are claiming ownership of a particular liability. Now, the United States Bankruptcy Court for the Northern District of Illinois has ruled on parts
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- ilsteam
- June 8, 2018
Court Finds Production of Three Million Emails is Unreasonable
In Nece v. Quicken Loans, Inc. (Case No. 8:16-cv-2605-T-23CPT) (United States District Court, M.D. Florida, Tampa Division), Eileen Nece (the plaintiff) filed a lawsuit against Quicken Loans, Inc. (the defendant) over allegations that it violated the Telephone Consumer Protection Act (TCPA). Nece submitted four forms on Quicken’s website in December 2012 and also emailed quicken
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