Archive - April 2012

Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Apr. 25, 2012)

In a much anticipated opinion, District Court Judge Andrew L. Carter, Jr. has denied the objections of Plaintiffs and upheld Magistrate Judge Peck’s orders approving Defendant’s use of predictive coding to review its own documents and adopting Defendant’s proposed protocol.

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Global Aerospace, Inc. v. Landow Aviation, L.P., No. CL 61040 (Vir. Cir. Ct. Apr. 23, 2012)

In this Virginia state court case, the defendants asked to be allowed to use predictive coding for the processing and production of their own ESI.  The Loudon County Circuit Judge granted the request, and "allowed" the defendants to use predictive coding, subject to objections plaintiffs may want to raise once they obtain the resulting production from the defendants.  The Virginia court’s one-paragraph order states, in its substantive entirety:

Having heard argument . . . it is hereby ordered Defendants shall be allowed to proceed with the use of predictive coding for purposes of the processing and production of electronically stored information, with processing to be completed within 60 days and production to follow as soon as practicable and in no more than 60 days.  This is without prejudice to a receiving party raising with the Court an issue as to completeness or the contents of the production or the ongoing use of predictive coding.

A copy of defendants’ motion for a protective order to allow predictive coding is available here.

A copy of plaintiffs’ opposition to defendants’ motion for a protective order is available here.  (Exhibits to this opposition are not currently available.)

A copy of the court’s order granting defendants’ motion is available here.

United Factory Furniture Corp. v. Alterwitz, No. 2:12-cv-00059-KJD-VCF, 2012 WL 1155741 (D. Nev. Apr. 6, 2012)

Here, the court granted plaintiff’s motion to compel mirror-imaging of defendants’ personal computers for the purpose of preservation where plaintiff alleged that defendants had wrongfully accessed its computer systems using the personal computers at issue, where plaintiff asserted that defendants’ ongoing use of the computers would result in the loss of relevant data, and where the court determined that in light of the circumstances of the case (and following analysis of the relevant factors) the need for mirror-imaging outweighed the burden.

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