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Defendant’s Objections to Plaintiff ESI Rejected by District Court
Fed.R.Civ.P 26(b)(1) calls for a broad range of discovery. The rule permits discovery of non-privileged information relevant to any party’s claim or defense, including electronically stored information, as long as the request describes with reasonable particularity each item or category of items to be inspected. In Viteri-Butler v. UC Hastings
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Taxable Costs Reviewed by District Court in Class Action Case
In an order from a class action lawsuit entitled Nero v. American Family Mutual Insurance Company, Civil Action No. 11-cv-02717-PAB-MJW (D.Col. September 23, 2013), taxable costs under Section 1920 were at issue. After the lawsuit was filed on January 3, 2012, the defendant filed a Motion to Dismiss on January
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Plaintiff Prevails In Cost-Shifting Dispute Under Zubulake Standards
When is cost-shifting appropriate in response to plaintiff electronic discovery requests? In Novick v. AXA Newtowk, LLC, et al., No. 07Civ. 7767 (AKH)(KNF)(September 24, 2013), the plaintiffs sought ESI and email chains from defendant. The plaintiff suggested custodians and the relevant time period to conduct the search, and defendants used
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Litigation Hold Documentation: Discoverable or Privileged?
In the case Oleksy v. General Electric Co., No. 06 C 1245 (N.D. Ill. July 31, 2013), an eDiscovery and spoliation dispute arose. In the beginning of the litigation, defendant GE claimed to have issued a litigation hold regarding electronically stored information (ESI), and began producing documents to plaintiff. However,
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Plaintiff ESI Requests Initiate a “Depth of Discovery” Inquiry Regarding Custodians In Discrimination Case
Even when parties agree that computer and email searches are relevant and necessary in civil litigation, the potential for disputes is only beginning as demonstrated in the ongoing case Rex Brown v. West Corporation, No. 8:11CV284 (D.Neb. August 16, 2013). In this case, the plaintiff is a former employee of
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Jurisdiction at Issue in First Order of Alleged eDiscovery Mismanagement Case
In the background to the case Kroll Ontrack, Inc. v. Devon IT v. Mitts Law, LLC, Civil No. 13-302(DWF/JJG)(D. Minn. July 26, 2013), Devon IT hired Mitts Law (“Mitts”, formerly Mitts Milavec) as legal counsel to file a case against IBM in Pennsylvania. Devon alleged Mitts had represented the worth
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California District Court Slashes Award of Taxable Costs, Citing SCOTUS Taniguchi Opinion
In our last blog, we briefly reviewed the facts and holding of the Supreme Court case Taniguchi v. Kan Pacific Saipan, Ltd. 132 S.CT. 1997 (2012). This case is being cited in Ancora Technologies, Inc. v. Apple, Inc., Case No. 11-CV-06357 YGR (N.D.Cal. August 26, 2013) to back up the
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Defendant’s Request to “Roam Freely” Through Plaintiff ESI Denied in NOLA
In Nola Spice Designs, LLC v. Haydel Enterprises, Inc., No 12-2515(E.D.La. August 2, 2013), the defendant issued requests for certain plaintiff ESI and electronic data. The case involved trademark infringement, and plaintiff sought a declaratory judgment and other relief. Defendant Haydel issued ESI requests, specifically: “Passwords and user names to
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Email Search Terms at Issue after Efforts to Control Discovery “Implode”
In the opening paragraph of the Order re: Discovery Disputes in the patent case Mediatek, Inc. v. Freescale Semiconductor, Inc., Case No. 11-5341 UGR(JSC)(N.D.Cal. August 28, 2013), the magistrate judge praised the parties’ attempts to limit high discovery costs by a stipulated ESI Discovery Order. Unfortunately, the judge then admitted
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Court Weighs Proportionality in Apple v. Samsung eDiscovery Disputes
Electronic discovery disputes continue in the patent lawsuit Apple v. Samsung, 2013 WL 442365412 (N.D.Cal. August 14, 2013). The last discovery order concerning ESI was in April 2013, when the court ordered Apple to produce certain electronic data to Samsung to calculate damages. Apple did produce the financial data, but