Sprint Commc?ns Co., L.P. v. Comcast Cable Commc?ns, LLC, Nos. 11-2684-JWL, 11-2685-JWL, 11-2686-JWL, 2014 WL 1794552 (D. Kan. May 6, 2014)

Key Insight: Evaluating parties’ competing discovery protocols, court noted that defendants had not asked Sprint to collect documents from 60+ custodians, but, rather, faced with Sprint?s failure to identify potential custodians in violation of the agreed discovery order, defendants started suggesting people and asked Sprint either to search those individuals? files or explain why production from particular custodians on list was not necessary; court disapproved of Sprint?s continued failure to work with defendants to reach a reasonable solution, rejected as ?clearly unreasonable? Sprint?s proposal to collect responsive documents from only 12 new custodians, and ordered Sprint to sit down with defendants in a good faith attempt to resolve the issue; court further ordered Sprint to include in its document searches a ?human review? of hard copy documents

Nature of Case: Consolidated cases involving patent infringement claims

Electronic Data Involved: ESI; documents produced in prior litigations; metadata