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Producing Party Must Pay For Native File Production After Failure To Meet and Confer
In Themis Bar Review, LLC v. Kaplan, Inc., Case No. 14CV208-L, May 26, 2015, the Southern District of California ordered Plaintiff to produce files in native format at its own cost after Plaintiff failed to properly meet and confer with Defendant. As part of its production to Defendant, Plaintiff, a distributor of bar exam study materials,
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Section 1920 Can Permit Recovery of Electronic Discovery Costs
Upon entry of summary judgment in favor of Defendant in the case of Fitbug Limited v. Fitbit, Inc., Case No. 13-cv-01418, Defendant submitted a bill of costs to the clerk of the court pursuant to 11 U.S.C. Section 1920, which permits the clerk to tax, as costs, “minor” and “incidental”
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Court Denies Discovery Sanctions Where No Prejudice Resulted From Failure to Produce Documents
The United States District Court for the Northern District of California recently denied discovery sanctions in the case of Oracle America, Inc., et. al. v. Terix Computer Company, Inc., et. al., Case No. 13-cv-03385 ( May 19, 2015). Plaintiffs filed the Motion for Sanctions after deposing a defense witness and learning
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Court Rejects Defendants’ Argument that No Spoliation Occurred Because Deleted Files Could Still Be Restored
In its Report and Recommendation on Plaintiff’s Motion for Sanctions in Malibu Media, LLC v. Tashiro, Case No. 13-cv-00205, published May 18, 2015, the United States District Court for the Southern District of Indiana considered whether spoliation had occurred in this copyright infringement case after Plaintiffs informed the court that a hard drive produced by
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Two Attorney-Defendants Found to Have Intentionally Spoliated Electronic Data
In the business litigation HMS Holdings Corp. v. Arendt, et al., 2015 NY Slip Op 50750(U) (Sup. Ct., Albany County, May 19, 2015), the New York Supreme Court in Albany County considered Plaintiffs’ accusations that two individual Defendants had spoliated electronic data. At the outset of the litigation, the parties had
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Court Taxes eDiscovery Costs Despite Parties’ Agreement to Bear Own Production Costs
In CSP Technologies, Inc. v. Sud-Chemie AG, et al., No. 4:11-cv-00029-RLY-WGH (S.D. Ind. May 20, 2015), the Southern District of Indiana considered whether parties can preclude a court from taxing eDiscovery costs if the parties agree in writing that each party will pay its own ESI costs. The parties’ initial Case Management Plan, signed
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Missing Audio Recording Results in Spoliation Sanctions
Defendant accused Plaintiff of spoliating a recorded conversation between Plaintiff’s FRCP 30(b)(6) witness and Plaintiff’s former branch manager in Compass Bank v. Morris Cerullo World Evangelism, Civil No. 13-CV-0654-BAS(WVG)(S.D. Cal. May 8, 2015). Defendant had propounded discovery requests for plaintiff ESI that sought any audio recordings regarding the line of credit at dispute in
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Court Orders Metadata and TIFF Format Production in Putative Class Action
In the putative class action case Wilson v. Conair Corp. et al., Case No. 1:14-cv-00894-WBS-SAB (E.D.Cal. April 30, 2015), Plaintiff alleged violations of California’s Consumer Legal Remedies Act, unfair competition, and breach of implied warranty related to a defective curling iron power cord that set off sparks that burned Plaintiff’s
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Medical Malpractice Defendants Ordered To Produce Electronic Audit Trail of Medical Records; No Peer Review Privilege Applies
In Hall v. Flannery, Case No. 3:13-cv-914-SMY-DGW (S.D.Ill. May 1, 2015), a medical malpractice case, the Southern District of Illinois considered whether to order Defendants to produce the metadata and the audit trail associated with Plaintiff’s electronic medical file. Plaintiff sought the information after receiving two “different” medical charts relating to her care. She alleged
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Electronic Data at Issue in EEOC Discrimination Case
In the employment discrimination case EEOC v. DolgenCorp LLC d/b/a Dollar General, No. 13-cv-04307 (N.D. Ill. May 5, 2015), Plaintiff EEOC filed a motion to compel Defendant to produce electronically stored information (ESI) regarding conditional hires. Specifically, the EECO wanted electronic data with names, social security numbers, addresses, and telephone