-
Representative Examples of Search Hits Ordered In Discovery Dispute
In Taylor v. Shutterfly, Inc., Case No. 18-cv-00266-BLF (VKD) (N.D. Cal. Sep. 2, 2020), the issue before the Court was the parties’ dispute concerning the application of search terms to Defendant Shutterfly’s ESI collection. The case arose from Plaintiff’s claim that Shutterfly placed misleading advertisements on Groupon’s website. In addition
-
In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems
In The Ruby Slipper, LLC v. Belou, et al, No. 18-1548 (E.D. La April 6, 2020), Chief Magistrate Judge Karen Wells Roby denied Plaintiff’s Motion for Supplemental Forensic Examination which sought to forensically examine previously undisclosed computers on the grounds that Defendant did not violate the previous Order on Protocol
-
Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient
In Santana v. MKA2 Enterprises, Inc., No. 18-2094-DDC-TJJ (D. Kan. Jan. 8, 2019), a Magistrate Judge denied Defendant’s Motion to Compel regarding Defendant’s request for Plaintiff to produce all of his cellphones for inspection and copying while also ordering Plaintiff to “produce complete copies of all responsive text messages to
-
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
-
Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance
In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that it obtained financing for these investments from First NBC Bank (FNBC). According to Plaintiff, IMCMV Holdings altered financial statements so that FNBC
-
Weighing Proportionality and Necessity, Court Denies Request for GM Simulation ESI Based Upon Trade Secret Concern
In Pertile v. General Motors, LLC, No. 1:15-cv-00518, 2016 WL 1059450, (D. Colo. Mar. 17, 2016), plaintiffs allege that Daniel Pertile was catastrophically injured during a rollover accident that occurred on February 25, 2013, in which Daniel was the front seat passenger of a Chevrolet Silverado 2500 HD crew cab truck.
-
Court Deems Broad E-Discovery Requests Proportional If Important Issues Are at Stake
First Niagara Risk Management v. Folino, (E.D.P.A. April 14, 2016) is a dispute between an employer and a former employee. First Niagara (“Plaintiff”) brings this suit against John Folino (“Defendant”), who until recently served as plaintiff’s First Vice-President and Regional Director of Insurance for Western Pennsylvania. Defendant Folino assumed this
-
Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional
In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Case No. 15-638 (E.D. La., May 24, 2017), Plaintiff sued Defendants for damages it allegedly incurred as a result of “deficient and defective” software designed, manufactured and hosted by Defendants. Plaintiff used the software to process cash advances
-
Court Weighs Proportionality in Apple v. Samsung eDiscovery Disputes
Electronic discovery disputes continue in the patent lawsuit Apple v. Samsung, 2013 WL 442365412 (N.D.Cal. August 14, 2013). The last discovery order concerning ESI was in April 2013, when the court ordered Apple to produce certain electronic data to Samsung to calculate damages. Apple did produce the financial data, but
-
e-Discovery: Proportionality, Technology and Practice Standardization
Principle 6 of the just released Sedona Conference Commentary on Proportionality in Electronic Discovery provides that: Technologies to reduce cost and burden should be considered in the proportionality analysis While most of the provided commentary (parties should meet and confer, etc.) will be familiar to eDiscovery adepts, there is some