Motions to Compel – Page 3

ilsteam
June 1, 2018

Federal Appeals Court Requires Individualized Suspicion in Search of a Cellphone, But Not Necessarily a Warrant

In U.S. v. Kolsuz, (4th Cir. May 9, 2018), the United States Court of Appeals for the Fourth District determined requirements for a proper border search. Hamza Kolsuz (“Kolsuz”) was detained by federal customs agents at Washington Dulles International Airport while he was attempting to board a flight to Turkey. The customs agents, which found firearms

ilsteam
May 23, 2018

Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion

In Travelers Prop. Cas. Ins. Co. of America v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D. West Virginia March 16, 2018), the Court is requested to consider a spoliation sanctions motion filed in a litigation arising from a boiler explosion at a medical center. The explosion led to a lawsuit between the insurance carrier and the

ilsteam
May 21, 2018

Court in Pharmaceuticals Products Liability Case Grants in Part Plaintiff’s Motion to Compel Based on Relevancy

In Ideus v. Teva Pharmaceuticals USA, Inc., No. 4:16CV3086, (D. Nebraska May 6, 2018), Stephanie Ideus (“Plaintiff”) filed a motion to compel production of documents. Plaintiff filed a lawsuit against Teva Pharmaceuticals USA, Inc. (“Defendant”) alleging she experienced complications during and after removal of ParaGard T-380 (” ParaGuard”), an intrauterine copper contraceptive device (“IUD”) manufactured

ilsteam
May 14, 2018

Magistrate Judge Rules on ESI Disputes in Twitter Securities Class Action

In Shenwick v. Twitter, Inc., No. 16-cv-05314-IST, (N.D. California, Feb. 7, 2018), a securities class action filed on behalf of certain persons who bought or acquired common stock of Twitter, Inc. (“Twitter”) in 2015, the magistrate judge resolved several ESI-related discovery disputes. First, the parties disagreed regarding the scope of custodians. The parties agreed that

ilsteam
May 9, 2018

Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery

In Cen Com, Inc. v. Numerex Corp., No. C-170650-RSM, (Dist. Court WD Washington, 2018), a breach of contract case, Numerex Corp., (“Defendant”) and Cen Com, Inc. (“Plaintiff”) are businesses in the alarm-monitoring industry, and worked together for several years. That business relationship involved the Plaintiff monitoring Defendant’s accounts and responding to alarm signals from those

ilsteam
May 7, 2018

Court Denies Defendant’s Motion to Compel Plaintiff to Produce Additional ESI, Stating Plaintiff Has Sufficiently Complied

In Apex Colors, Inc. v. Chemworld International Limited, Inc., No. 2:14-cv-273-PRC, (Dist. Court ND Indiana, 2018) the Defendant, Chemworld International Limited, Inc., (“Defendant”) asked the Court to compel the Apex Colors, Inc., (“Plaintiff”) to produce a hard-drive. The Court said no. Finos LLC’s members were Apex Colors, Inc. and Jim and Eric Boggess. In October

ilsteam
April 20, 2018

Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions

In Leidig v. Buzzfeed, Inc., No. 16 Civ. 542 (VM) (GWG), (S.D.N.Y. Dec. 19, 2017), the Plaintiffs, Michael Leidig, et al.(“Plaintiffs”) sued Buzzfeed, Inc. (“Defendant”) for accusing them of selling “fake news.” Plaintiffs argue that the article defamed them by disputing the veracity and news gathering efforts behind specific stories sold or published by Plaintiffs.

ilsteam
April 2, 2018

Court Grants Plaintiff’s Motion to Compel Production of Several Years of Backup Tapes

In The Physicians Alliance Corporation v. WellCARE Health Insurance of Arizona, Inc., No. 16-203-SDD-RLB, (Dist. Court, MD Louisiana 2018) the United States District Court for the Middle District of Louisiana considered motions regarding Defendant’s alleged failure to adequately produce discovery. The Physicians Alliance Corporation (“Plaintiff”) brought this action against WellCare Health Insurance of Arizona, Inc.

ilsteam
March 28, 2018

Court Rejects Plaintiff’s Request for In Camera Review of Internal Documents Held by Defendant

In Crabtree v. Experian Information Sols., No. 1:16-cv-10706, (N.D. Ill. Oct. 20, 2017), the Court was asked to determine a dispute about whether a party’s internal communications were privileged, pursuant to the motion to compel filed by Plaintiff Quentin Crabtree (“Plaintiff”) against Defendant Experian Information Solutions, Inc. (“Defendant”). The discovery dispute arose from an internal

ilsteam
March 23, 2018

Court Grants Performance Pulsation Control’s Motion to Compel in Part, Ordering Defendants to Produce Certain Requested ESI

In Performance Pulsation Control, Inc. v. Sigma Drilling Technologies, LLC, No. 4:17-CV-00450, (E.D. Tex. Jan. 23, 2018), Performance Pulsation Control, Inc., (“PPC”) alleges that Justin Manley (“J. Manley”), a former employee, formed a competing company, Sigma Drilling Technologies, LLC (“Sigma”), to market and sell pulsation control products that he developed within the course of his