MotionToCompel

ilsteam
July 14, 2017

Motion to Compel Data Denied as Burdensome and Costly in Servicing MDL

In re RFC and ResCap Liquidating Trust Actions, Case No. 13-3451 (D. Minn., June 21, 2017) is an MDL suit related to the servicing of mortgage loans. RFC was in the business of acquiring residential mortgage loans from certain lenders, who were responsible for underwriting the loans. The agreements between RFC and the lenders contained

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July 7, 2017

Motion to Compel Search Terms and Custodians Denied in Trade Secrets Case

In PolyOne Corporation v. Lu et. al., Case No. 14-10369 (N.D. Ill., June 20, 2017), Plaintiff alleged that Defendants stole its trade secrets and reverse engineered one of its products to develop their own formulation which they eventually sold to a third party in competition with Plaintiff. Defendants counterclaimed that Plaintiff performed testing on their

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June 15, 2016

Texas Court Ruling on Dueling Motions to Compel ESI

McKinney/Pearl Restaurant Partners, L.P. v. Metropolitan Life Insurance Company, CBRE, Inc. et. al., Case No. 14-2498 (N.D. Texas, May 25, 2016), a federal diversity case, arises from a dispute between a restaurant and its current and former commercial landlords. The restaurant, Sambuca, asserted claims for breach of contract and various other business and non-business torts. The parties filed competing

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January 20, 2016

Court Finds Insufficient Evidentiary Support to Compel Production of Computers and Flash Drives

In PolyOne Corp. v. Lu et. al., Case No. 14-10369 (N.D. Ill., Dec. 30, 2015), Plaintiff sued Defendants for various business torts related to misappropriation. During discovery, Defendants filed a Motion to Compel answers to Interrogatories and production of certain communications, formulas, and documentation in support. Plaintiff also filed a Motion to Compel, requesting, among other

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December 11, 2015

Court Declines to Order Defendant to Assist Plaintiff with Using Proprietary Software

In the patent infringement case of SFP Works, LLC v. Buffalo Armory, LLC, Case No. 14-13575 (E.D. Mich., Nov. 19, 2015), Plaintiff filed a Motion to Compel production of certain electronic data related to the heat-treating process at issue in the litigation. During discovery, Plaintiff had asked for such data, and Defendants produced it with the software required to view

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November 4, 2015

Court Orders Defendants to Conduct Additional Search for Reportedly Deleted ESI

In Neonatal Product Group, Inc. v. Shields, et. al., Case No. 13-2601 (D. Kansas, Oct. 20, 2015), an action seeking a declaratory judgment regarding patent infringement, Defendants filed a third party claim against the Counterclaim Defendants and propounded discovery requests upon them. Counterclaim Defendants responded to the requests but stated that much of their responsive electronically stored