ESIproduction Archives

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July 31, 2017

Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection

In the putative class action lawsuit Solo, et al. v. UPS, No. 14-12719, E.D. Michigan (Jan. 10, 2017), Plaintiffs alleged that Defendant breached its contract due to over-billing practices. The parties sought the court’s guidance to resolve a proportionality discovery dispute under FRCP 26(b). Plaintiffs requested packaging information for all qualifying shipments made within five

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July 21, 2017

Defendants Ordered to Supplement Discovery Responses after ESI Reveals Deficiencies

In Nachurs Alpine Solutions Corp. v. Banks et. al., Case No. 15-4015 (N.D. Iowa, June 22, 2017), Plaintiff sued Defendants Brian Banks, its former employee, and Nutra-Flo Company, Defendant’s current employer, for theft of proprietary, confidential, and trade secret information. During discovery, Plaintiff propounded multiple interrogatories and requests for production of documents upon Defendants to

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June 19, 2017

Plaintiffs’ Renewed Motion to Compel Granted in Part for Production of ESI

In Elhannon, LLC et. al. v. The F.A. Bartlett Tree Expert Company, Case No. 14-00262 (D. Vermont, Apr. 18, 2017), Plaintiffs hired Defendant to design and execute a pest management program to protect the trees in Plaintiffs’ nursery. When the trees suffered an outbreak of insects and diseases, Plaintiffs sued, blaming the loss on Defendant’s

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May 17, 2017

Overdue and Boilerplate Discovery Responses Result in Finding of Waiver of Objections, Denial of Protective Order

In Parkcrest Builders, LLC v. Housing Authority of New Orleans, Section J(4), Case No. 15-1533 (E.D. La., Apr. 21 2017), after Plaintiff sued Defendant Housing Authority of New Orleans (“New Orleans”), various parties were added to the case as counter-defendants. Counter-Defendant Liberty Mutual Insurance Company (“Liberty”) filed a Motion for Protective Order and also requested

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May 8, 2017

Wal-Mart’s Objections to Document Requests Sustained Despite Lack of Specificity as to Withheld Documents

In Wal-Mart Stores, Inc. et. al. v. Texas Alcoholic Beverages Commission, et. al., Case No. 15-00134 (W.D. Texas, Apr. 10, 2017), Plaintiffs challenged the constitutionality of a Texas statute that limited the number of retail liquor sale permits that one person can own and the types of companies that may own such permits; specifically, the

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April 21, 2017

Discovery Order Modified to Reduce Production to Random Sampling of Medical Records

In qui tam action Duffy v. Lawrence Memorial Hospital, Case No. 14-2256 (D. Kansas, Mar. 31, 2017), Plaintiff alleges that Defendant submitted false information to the government to maximize reimbursement for federal medical care programs. Defendant counterclaimed for breach of contract and fraud. During discovery, Plaintiff asserted that Defendant had not produced responsive documents and

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March 22, 2017

Defendants’ Proposed ESI Protocol Shot Down as Terms Were Like a Protective Order

In EZFauxDecor, LLC et. al. v. Smith, et. al., Case No. 15-9140 (D. Kansas, Mar. 6, 2017), Plaintiffs and Defendants are all online retailers selling adhesive coverings for household appliances and countertops. Plaintiffs sued Defendants for false advertising, tortious interference with business relations, commercial disparagement and false or fraudulent trademark registration. The parties agreed that

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March 20, 2017

Defendants in Trademark Infringement Case Sanctioned For Failure to Produce Quickbooks Source Data

4SEMO.com, Inc. v. Southern Illinois Storm Shelters, Inc. et. al., Case No. 13-297 (S.D. Ill., Feb. 10, 2017) began as a trademark infringement suit brought by Defendant Southern Illinois Storm Shelters, Inc. (SISS) against Plaintiff. Plaintiff filed a counterclaim, and after disposition of Defendants’ claims, the counterclaim was all that remained. Plaintiff is in the

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March 15, 2017

Court Denial of Spoliation Sanction Motion – Moving Party Failed to Show ESI Irrevocably Lost or Relevant

Air Products and Chemicals, Inc. v. Wiesemann et. al., Case No. 14-1425 (D. Delaware, Feb. 27, 2017) is a breach of contract case also alleging fraud elements. Plaintiff buyer acquired EPCO Carbon Dioxide Products and Louisiana Leasing, Ltd. (“EPCO”) from Defendants, who were stockholders of EPCO. Based upon information garnered from EPCO’s compliance with government

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February 13, 2017

IDEA Plaintiff Denied Access to Defendant ESI in Federal Review of Administrative Decision

In Soltes v. Board of Directors of Woods Charter School Company, et. al., Case No. 16-119 (M.D. N.C., Jan. 24, 2017), Plaintiff, a minor, sued Defendants through his father for claims under the Individuals with Disabilities Education Act (IDEA). Prior to suit, Plaintiff’s father sought an Individualized Education Program for Plaintiff, and lodged complaints to

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