Key Insight: Discovery request for managers’ text messages was ruled overbroad and not likely to be useful due to store policy that managers only communicate via email or voicemail.
Nature of Case: Fair Labor Standards Act dispute
Electronic Data Involved: text messages, email, communication methods the managers could have possibly used
Keywords: Text messages, overbreadth, overbroad, relevance
Key Insight: Attorneys on both sides had used multiple boilerplate objections when responding to discovery requests. Judge considered sanctions, but did not sanction either side. Was to be considered a warning about using boilerplate objections though.
Nature of Case: Breach of Warranty
Electronic Data Involved: Various ESI
Keywords: boilerplate; objections
Key Insight: Social media information is not specially protected, but discovery requests should be tailored so as to not become fishing expeditions.
Nature of Case: employment discrimination, federal false claims act
Electronic Data Involved: Social media postings
Keywords: Social media, proportionality
Key Insight: Boeing deleted Pemco ESI from a high level employee and removed 2 CD’s containing Pemco ESI.Court concluded Boeing acted with intent and ordered an adverse inference instruction for the jury if it goes to trial and ordered Boeing to pay attorney’s fees and costs.
Nature of Case: contract dispute/MOA termination
Electronic Data Involved: deleted electronic records; 2 missing CDs with ESI
Keywords: spoliation, deletion, prejudice, adverse inference
Key Insight: Defendant had attempted to remove plaintiff as manager of two LLCs during divorce. Plantiff showed evidence of inconsistent metadata within defendant’s key documents. Court ruled defendant did not have right to remove plaintiff and documents showing otherwise were not reliable.
Nature of Case: Validity of Removal of Manager of LLC
Electronic Data Involved: LLC Agreements and Related Documents
Keywords: Metadata; Sanctions
Key Insight: Plaintiffs files motion to compel text messages in April 2016, Discovery had closed in November 2015. Defendant’s failure to realize that they couldn’t search specifically for text messages is not basis for granting motion to compel so late. Decision was later vacated.
Nature of Case: Contract Dispute
Electronic Data Involved: Text Messages
Keywords: Text messages; after discovery closed
Key Insight: email
Nature of Case: Family Business dispute
Electronic Data Involved: email
Keywords: Pattern of delinquent conduct; Complete disr4egard for court orders; failure to preserve; Zubulake
Key Insight: Updated spoliation rule was correctly applied to motion regarding earlier conduct because the party cited the updated rule
Nature of Case: Negotiable instrument
Electronic Data Involved: deleted electronic records, emails, text messages
Keywords: retroactive application discovery rule, ESI spoliation sanctions
Identified Local Court Rule(s): S. District N Local Civil Rule 7.1(a)(1)
Key Insight: general objections
Nature of Case: trademark; Lanham Act
Electronic Data Involved: business records
Keywords: the use of boilerplate language in responding to discovery requests violates Rule 34
Key Insight: Sanctions not allowed on parties wiping laptops, because they had only been named as search terms after the other party knew that wiping had happened. No sanction for lost emails available from another source. Pure speculation is not enough to find that relevant ESI was destroyed.
Nature of Case: Securities and Commodities litigation
Electronic Data Involved: Computer log info, laptop info
Keywords: spoliation, sanctions, inherent authority
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