Case Summaries – Page 113 – Electronic Discovery Law

Moore v. Wayne Smith Trucking, Inc., No. 14-1919, 2015 WL 6438913 (E.D. La. Oct. 21, 2015)

Dec 01 2015

Key Insight: Court concluded that Facebook materials are discoverable but would not require Defendant to produce his username and password and instead ordered Defendant to provide his attorney with postings from the relevant time period to be reviewed by the attorney?and not the defendant?to identify responsive information

Nature of Case: Personal injury

Electronic Data Involved: Social network contents (e.g., Facebook, MySpace)

Webb v. Ethicon Endo-Surgery, Inc., No. 13-1947(JRT/JJK), 2015 WL 317215 (D. Minn. Jan. 26, 2015)

Dec 01 2015

Key Insight: Court overruled parties’ objections to Magistrate Judge’s order addressing scope of discovery where underlying court properly considered and applied the principle of proportionality; addressing defendant’s alleged costs of production, court reasoned in part that ?The fact that a corporation has an unwieldy record keeping system which requires it to incur heavy expenditures of time and effort to produce requested documents is an insufficient reason to prevent disclosure of otherwise discoverable information.?

Nature of Case: Products liability

Electronic Data Involved: ESI

Robertson v. People Magazine, No. 14 Civ. 6759 (PAC), 2015 WL 9077111 (S.D. N.Y. Dec. 16, 2015)

Dec 01 2015

Key Insight: Court addressed motion to compel and held that requests were burdensome, disproportionate to the needs of the case, and irrelevant to Plaintiff?s claims reasoning that Plaintiff?s requests for ?nearly unlimited access to People?s editorial files? would ?extend far beyond the scope of Plaintiff?s claims and would significantly burden Defendants?

Nature of Case: Employment litigation

Electronic Data Involved: ESI

Otsuka Pharm. Co., Ltd. v. Sandoz, Inc., No. 07-1000 (MLC), 2015 WL 5921049 (D.N.J. Oct. 9, 2015)

Dec 01 2015

Key Insight: Court allowed taxable costs for ?the scanning and conversion of documents into TIFF format? noting that the conversion was ?critical due to the complex nature of the case and the sheer volume of documents that were exchanged during discovery and trial? and citing Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158, 160, 171 (3d Cir.2012)

Nature of Case: Consolidated claims under Hatch-Waxman Act

Electronic Data Involved: Taxable Costs

Shaw v. Experian Info. Sol., Inc., 2015 WL 1260552 (S.D. Cal. Mar. 18, 2015)

Dec 01 2015

Key Insight: Court granted Plaintiffs? motion to compel production of defendant database records. Defendant argued that the harm to third parties from disclosure of personal information contained in the requested data outweighed the relevance of the information to plaintiffs? claim, and that the preparation, review, and production presented an undue burden. Finding that the requested data was highly relevant to the class certification requirements, the court concluded plaintiffs? need significantly outweighed privacy concerns given the option of producing subject to protective order and Plaintiffs? agreement to accept data with personal information redacted. Nor was the court persuaded by defendant?s burden argument, finding the estimate and explanation from plaintiffs? database consultant ?more persuasive, appropriate, and accurate? than that provided by defendant – particularly in light of modifications Plaintiffs made to their request after defendant clarified how the data was stored in their systems. The court also noted that defendant?s briefing failed to allege any facts supporting its assertion that the information was more readily available from other sources.

Nature of Case: Class Action; Violation of Fair Credit Reporting Act

Electronic Data Involved: Database

Cableview Commc?ns of Jacksonville, Inc. v. Time Warner Cable Se., LLC, 3:13-cv-306-J-34JRK, 2015 WL 12838175 (M.D. Fla. May 4, 2015)

Dec 01 2015

Key Insight: The Court denied Plaintiff?s Motion to Compel Production of Documents. Plaintiff sought Defendant?s tax returns and document retention policies. Plaintiff entered into an agreement with Defendant in 2004 to provide cable television installation services. In 2010 Defendant tendered a workplace injury claim to Plaintiff for indemnification. Plaintiff?s insurance carrier denied coverage and the claim was left unpaid. In 2012, Plaintiff informed Defendant that it was being acquired by another company. One day before the closing of the transaction, Defendant contacted the acquiring company and made repayment for the workplace injury claim ?a condition to assent to assignment? of the agreement. Plaintiff alleged tortious interference and sought Defendant?s tax returns to demonstrate its ability to pay punitive damages. Plaintiff further alleged spoliation claiming there were missing emails and sought documents regarding Defendant?s document retention policies. The Court denied Plaintiff?s Motion holding that the request for punitive damages cannot form the basis for financial worth discovery since Plaintiff failed to make a reasonable showing of tortious interference. Further, there was no spoliation given that Defendant located and produced the emails in question and so Defendant?s document retention policies were not relevant.

Nature of Case: Workplace injury claim

Electronic Data Involved: Emails, ESI

Andra Grp. LP v. JDA Software Grp., LLC, No. 3:15-mc-K-BN, 2015 WL 1636602 (N.D. Tex. April 13, 2015)

Dec 01 2015

Key Insight: Court addressed 3rd party?s motion to quash allegedly burdensome subpoena and to preclude further production or to require the defendant to pay for the non-party?s expenses and found that the defendant had demonstrated its needs for ?most of the categories of documents? but also concluded that the 3rd party?s objections should be sustained in part and modified the subpoena?s requests to reduce the burden; Court rejected arguments that 3rd party?s lack of a ?dedicated IT specialist?, use of cloud based email and need to rely on employees? and or hire a vendor establish burden; court also found that ?by producing the documents in non-readable PDF format without the metadata specified by the subpoena?s instructions, and failing to serve any written objections to those instructions, p202 failed to comply with Rule 45(a)(1)(C) and 45(e)(1)?s requirement to comply with the subpoena?s specification of a form for producing ESI? and ordered re-production in accordance with the subpoena?s instruction

Electronic Data Involved: ESI

Chung v. El Paso School Dist. #11, No. 14-cv-01520-KLM, 2015 WL 7253334 (D. Colo. Nov. 17, 2015)

Dec 01 2015

Key Insight: Court held clerk did not err in awarding costs for ?loading documents into an electronic data base for production to Plaintiff on computer disks during discovery.?

Electronic Data Involved: Taxable costs

Bagely v. Yale University, —F. supp. 3d—, No. 3:13-CV-1890 CSH, 2015 WL 1897425 (D. Conn. Apr. 27, 2015)

Dec 01 2015

Key Insight: Court denied motion for protective order seeking permission to be excused from the obligation to conduct further discovery where, although defendant claimed that prior production efforts had resulted in a less than 8% responsiveness rate, the court reasoned that Rule 26(b)(2)(B) ?measures the phrase ?not reasonably accessible? by whether it exposes the responding party to ?undue cost.? Not some cost: undue cost . . .? and where the court reasoned that Plaintiff had, in any event, shown good cause for further discovery; court?s discussion provides good analysis of issues related to 26(b)(2)(B)

Nature of Case: Wrongful termination

Electronic Data Involved: ESI from agreed upon custodians

City of Sterling Heights Gen. Emps.? Ret. Sys. V. Prudential Fin., Inc., No. 12-05275(MCA)(LDW), 2015 WL 5055241 (D.N.J. Aug. 21, 2015)

Dec 01 2015

Key Insight: Citing its broad discretion to manage discovery and the limitations posed by Rule 26(b)(2)(C), court granted in part and denied in part Plaintiffs? motion to compel Defendant to identify additional custodians and utilize additional search terms and ordered that Plaintiffs would be allowed to choose up to 10 additional custodians and that Defendant must apply the four disputed search terms proposed by Plaintiffs

Nature of Case: Securities Class Action

Electronic Data Involved: ESI

Catagory:Case Summaries