Plaintiffs Defeat Defendant Uber’s Objections to Litigation Hold and Data Source Production … Read more » Motion For Spoliation Sanctions for Deletion of Surveillance Video Denied … Read more » Court Concludes Defendant Did Not Take Reasonable Steps to Preserve Evidence in Anticipation of Litigation … Read more » Motion to Compel Examination of Personal and Business Electronic Devices Denied After Court Found Motion Pre-mature and Based on Speculation … Read more » Court Order Not Clearly Erroneous After Finding Plaintiff Took Reasonable Steps to Identify and Produce Relevant Documents … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion For Spoliation Sanctions for Deletion of Surveillance Video Denied … Read more » Court Concludes Defendant Did Not Take Reasonable Steps to Preserve Evidence in Anticipation of Litigation … Read more » Motion to Compel Examination of Personal and Business Electronic Devices Denied After Court Found Motion Pre-mature and Based on Speculation … Read more » Court Order Not Clearly Erroneous After Finding Plaintiff Took Reasonable Steps to Identify and Produce Relevant Documents … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Concludes Defendant Did Not Take Reasonable Steps to Preserve Evidence in Anticipation of Litigation … Read more » Motion to Compel Examination of Personal and Business Electronic Devices Denied After Court Found Motion Pre-mature and Based on Speculation … Read more » Court Order Not Clearly Erroneous After Finding Plaintiff Took Reasonable Steps to Identify and Produce Relevant Documents … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Compel Examination of Personal and Business Electronic Devices Denied After Court Found Motion Pre-mature and Based on Speculation … Read more » Court Order Not Clearly Erroneous After Finding Plaintiff Took Reasonable Steps to Identify and Produce Relevant Documents … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Order Not Clearly Erroneous After Finding Plaintiff Took Reasonable Steps to Identify and Produce Relevant Documents … Read more » Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions Denied After Finding Defendant Met Discovery Deadlines and Promptly Notified Plaintiff of Errors … Read more » Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions Denied Based On Court’s Lack of Inherent Authority to Sanction And Where Parties Did Not Engage In A Rule 37(e) Analysis … Read more » Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Compel Linear Review of Text Messages And Complete Production of Calendar Entries Without Application of Search Terms Denied … Read more » Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants’ Motion to Compel Production of Search Terms Denied … Read more » Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Plaintiff’s Motion to Compel After Finding Defendant’s Video Recording of Witness was Attorney Work Product … Read more » Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions Denied After Finding Defendants Could Not Have Reasonably Foreseen Litigation … Read more » Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Permits Plaintiff and Defendants to Present Evidence to Jury Concerning the Loss of Relevant ESI … Read more » Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions Denied in Part After Court Found That Ten Circuit’s Factors Did Not Weigh in Favor of Awarding Sanctions in the Form of Entry of Factual Findings … Read more » Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denied Plaintiff’s Request for Terminating Sanctions After Finding, Among Others, that Plaintiff Failed to Show the Requisite Intent Required Under Federal Rules of Civil Procedure 37(e) … Read more » Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Affirmed Magistrate Judge’s Orders Imposing Costs for Expenses Incurred in Connection with TAR Process … Read more » Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse … Read more » Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant’s “Self-Collection” Efforts Insufficient After Court Found Defendant’s Counsel Failed to Supervise or Advise Defendant’s ESI Search … Read more » Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants’ Motion to Review Taxation of Costs Denied After Court Found Costs Did not Fall Within Categories of Awardable Costs Listed in 28 U.S.C. § 1920 … Read more » Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Request For Forensic Exam Denied by Court Where Moving Party Failed To Exhaust Other Less Intrusive Means Of Collecting The Same Information … Read more » Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant’s “Wait and See” Approach Rejected In Favor of Entry of ESI Protocol … Read more » Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive … Read more » Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Rules, In Part, That Emails Among Non-Attorneys In A Corporation Maybe Privileged If Made At Direction of Counsel To Gather Information To Aid Counsel in Providing Legal Services … Read more » Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction … Read more » Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant Ordered To Produce Earlier-In-Time Emails That Were Part Of Most-Inclusive Email Threads Defendant Previously Produced … Read more » Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Proportionality Not A Basis For Relevance Redactions … Read more » Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Rejects Defendants’ “Argument of Convenience to Avoid Sanctions” … Read more » Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint … Read more » Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denied Defendant’s Motion for Review of the Clerk’s Taxation of E-Discovery Costs … Read more » Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Providing The Size Of Potentially Responsive Data After Performing Search by Gigabyte, Rather Than Document Hits, By a Third Party, Ruled Not In Bad Faith By Court … Read more » Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant Sanctioned For Blanket AEO Designations … Read more » Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e) … Read more » Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion … Read more » “Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
“Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI … Read more » Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Overruled Plaintiff’s Objection to Magistrate Judge’s Decision to Deny Third Motion to Compel … Read more » Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence … Read more » Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information … Read more » Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Compel Production of Slack Messages Granted … Read more » Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve … Read more » Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants’ Use And Maintenance Of An E-discovery Database Ruled Not A Recoverable Cost … Read more » Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Costs of OCR Ruled Taxable by Court Under 28 U.S.C. § 1920(4) … Read more » Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II … Read more » Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I … Read more » Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Grants, Among Others, Plaintiff’s Motion for Unredacted Versions of Documents Already Protected by a HIPAA Qualified Protective Order as well as Documents Showing Computer Queries Used by Defendants … Read more » Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity … Read more » Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Request For Award Of Attorneys’ Fees for Entire Case As A Result of Spoliation Deemed Improper … Read more » Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied … Read more » Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff’s Motion to Strike “Material Changes” From Errata Sheets Granted … Read more » Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Default Judgment Recommended by Magistrate Judge Following Defendants’ Repeated Violations of Discovery Orders … Read more » Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data … Read more » Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied … Read more » Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts … Read more » Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion To Permit Introduction of Spoliation Evidence At Trial Granted … Read more » GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants … Read more » Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Compel Production of Text Messages Granted … Read more » Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case … Read more » Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury … Read more » Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge … Read more » Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled … Read more » The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad … Read more » Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing … Read more » Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge … Read more » Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term … Read more » Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record … Read more » Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions … Read more » Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Culling Through 10,000 Emails Not Overly Burdensome Rules Court … Read more » Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge … Read more » Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Representative Examples of Search Hits Ordered In Discovery Dispute … Read more » Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper … Read more » Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case … Read more » Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute … Read more » Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production … Read more » Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant Ordered To Produce Unredacted Versions of Documents … Read more » Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Orders Litigation Hold Notice To Be Produced … Read more » Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e) … Read more » Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions … Read more » Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion To Compel Granted Following Finding that Defendant’s Self Collection Of ESI Was Inadequate … Read more » Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants Ordered to Produce Documents Improperly Withheld Even Though Documents Were Identified By Agreed Upon Search Terms … Read more » Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Magistrate Judge Recommends Adverse Jury Instructions and Grants Motion for Sanctions Due to Spoliation of Emails and Text Messages … Read more » In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
In Denying Forensic Exam, Court Rules that FRCP 34(a) Does Not Create A Routine Right of Direct Access To Electronic Information Systems … Read more » Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Request For Inspection Of Cellphone Denied Where Request Was Not Proportional And Less Intrusive Production Of Text Messages Was Sufficient … Read more » Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records … Read more » Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendant’s Request for Return of iPhone Denied Where Government’s Evidentiary Interest In Phone Outweighed Defendant’s Interest In Its Return … Read more » Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Meet And Confer Impasse Reached With “OK. File Motion to Compel” Response … Read more » In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed … Read more » Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Producing Party Not Required To Translate Nor Costs To Translate Shiftable Rules Court … Read more » PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets … Read more » Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith … Read more » Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds … Read more » Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Objections To Production of Emails Overruled Due To Lack of Privilege … Read more » Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable … Read more » Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order … Read more » Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion To Compel Native Production Denied Because Native Was Not Specified … Read more » Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI … Read more » Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated … Read more » Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence … Read more » Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Failure To Preserve Police Dash Cam Video Results in Sanctions … Read more » Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction … Read more » Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment … Read more » Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Orders Plaintiff to Produce Source Code and Log File, Despite Protective Order … Read more » Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Plaintiff’s Request for His Entire PST File … Read more » Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent … Read more » Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct … Read more » Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff’s Motion to Compel ESI Granted Including Setting of 85% Search Term Responsive Rate … Read more » Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence … Read more » Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity … Read more » Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely” … Read more » Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge Rules There is No Duty on Non-Parties to Preserve Evidence … Read more » Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Motion For Sanction Denied Where No Prejudiced Shown … Read more » Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Judge Orders Plaintiff To Produce Telephone Records Citing Lack Of Viable Privilege Claim … Read more » Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Denies Defense Request To Allocate Discovery Costs … Read more » Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiffs Permitted to Proceed With “Plainly Relevant And Core Discovery” Pending Motion To Dismiss … Read more » ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs … Read more » No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative … Read more » Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones … Read more » Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop … Read more » Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence … Read more » Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words … Read more » Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email … Read more » Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
Defendants Ordered to Review 10 Percent of Unreviewed Documents After Discovery of New Key Word … Read more » Party Ordered to Comply with ESI Protocol Order and Produce in TIFF Format … Read more »
