Motions to Compel – Page 3

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

ilsteam
June 26, 2019

ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs

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

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

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,

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