Archive - 2006

In re Universal Serv. Fund Tel. Billing Practices Litig., 232 F.R.D. 669 (D. Kan. 2005)

In this multidistrict litigation consisting of numerous putative class actions against AT&T Corporation and Sprint Communications Company, plaintiffs moved to compel AT&T to produce documents that had been withheld on a claim of attorney/client privilege. The motion was referred to a magistrate judge, who ordered AT&T to produce copies of the 35 documents at issue for an in camera review, and provide more information with regard to those persons sending and receiving, including receipt of courtesy copies, the emails listed on the privilege log. Read More

Rozell v. Ross-Holst, 2006 WL 163143 (S.D.N.Y. Jan. 20, 2006)

Plaintiff asserted claims of sexual harassment, retaliation, violation of the Electronic Communications Privacy Act, and computer trespassing against her former employer and supervisor. Among other things, plaintiff alleged that her supervisor “hacked” into her electronic mail account and forwarded to himself approximately 400 of her emails. Read More

Channel Components, Inc. v. Am. II Electronics, Inc., 915 So. 2d 1278 (Fla. Dist. Ct. App. 2005)

In this case alleging tortious interference and related claims against two former employees, the plaintiff sought intervention by the court several times in order to secure defendants’ compliance with their discovery obligations. Plaintiff filed successive motions for contempt and sanctions alleging that defendants had not complied with the discovery requests or the orders of the court compelling discovery. Read More

Martin v. Northwestern Mut. Life Ins. Co., 2006 WL 148991 (M.D. Fla. Jan. 19, 2006)

Plaintiff, a trial lawyer, sued his insurer for disability benefits. The insurer propounded discovery about income the plaintiff may have generated while disabled, including income derived from practicing law. Suspecting that additional documents existed which had not been produced, defense counsel met and conferred on the subject, and filed several motions to compel a more complete production. For each motion, plaintiff essentially maintained he had complied with his discovery obligations. Undeterred, the defendant subpoenaed plaintiff’s bookkeeper and his fiance, each of whom produced documents that had not been produced by plaintiff. Included within these items were travel expenses and proof of income derived from practicing law. All of the documents were electronically stored in the computers of plaintiff’s bookkeeper and his fiance. Read More

Powerhouse Marks, L.L.C. v. Chi Hsin Impex, Inc., 2006 WL 83477 (E.D. Mich. Jan. 12, 2006)

In this trademark infringement case, plaintiffs sought from defendant Wal-Mart Stores, Inc. information relating to its purchases and sales of certain exercise equipment (Interrogatories 1 and 2). In response, Wal-Mart asserted general objections and referred plaintiffs to 1771 pages of Bates stamped documents which it contended sufficiently responded to the interrogatories. Claiming that the database printouts were indecipherable and did not adequately answer their interrogatories, plaintiffs moved to compel. Read More

AutoNation, Inc. v. Hatfield, 2006 WL 60547 (Fla. Cir. Ct. Jan. 4, 2006)

In connection with its order granting temporary injunctive relief based upon the defendant’s alleged theft of trade secrets, the court ordered the forensic inspection of a personal computer: Read More

Quinby v. WestLB AG, 2006 WL 59521 (S.D.N.Y. Jan. 11, 2006) In its second opinion addressing e-discovery issues (the first is summarized here), the court quashed subpoenas issued by the defendant to the providers of plaintiff’s personal email accounts. The subpoenas sought all e-mails sent to or received by plaintiff’s personal e-mail account during the period from October 2002 throughout July 2004, other than e-mails between plaintiff and her current and former counsel. Read More