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PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets
In Balancecxi, Inc. D/B/A Zacoustic v. International Consulting and Research Group, LLC, et al (W.D. Tex, Mar. 13, 2020), the Court granted plaintiffs’ motion to compel requiring defendants to produce all ESI, including metadata, and additional storage devices after finding that defendants’ discovery responses were insufficient in both form and
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Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith
In Herzig v. Arkansas Foundation for Medical Care, Inc., No. 2:18-CV-02101 (W.D. Ark. July 3, 2019), the Arkansas District Judge found that Plaintiffs acted in bad faith by using and “manually configuring [the messaging app] Signal to delete text communications” and by failing to disclose those deleted messages to Defendant.
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Objections To Production of Emails Overruled Due To Lack of Privilege
In Guardiola v. Adams City School District No. 14 et al., No. 1:18-cv-03230-RM-NRN (D. Colo. Oct. 25, 2019), the District Court Judge overruled Defendant’s objection to the Magistrate Judge’s order compelling them to disclose certain emails that Defendant argued were subject to the attorney-client privilege on the grounds that “the
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Motion To Compel Native Production Denied Because Native Was Not Specified
In Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s Motion for Order Against Defendant to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with
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Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI
In Saulsberry v. Savannah River Remediations, LLC., No. 1:16-cv-02792-JMC(D.S.C. Sep. 19, 2019), the United States District Court for South Carolina denied Defendant’s motion in limine to bar Plaintiff from making adverse comments regarding Defendant’s failure to produce certain relevant ESI on the grounds that doing so would amount to an
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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
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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
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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
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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
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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