Case Summaries – Page 237 – Electronic Discovery Law

Lynch v. Int. Assoc. of Machinist & Aerospace Workers, AFL-CIO, 2010 WL 5299879 (E.D. Wis. Dec. 17, 2010)

Dec 01 2010

Key Insight: Where defendant claimed it did not regularly maintain the information requested and that to search for such information manually in its database would result in substantial cost, the court found that plaintiff had not shown that the likely results of a search would produce admissible evidence or that such evidence could justify the expense to defendant and denied plaintiff?s motion to compel, including plaintiff?s request for the entire database to be produced; where plaintiff?s request ?showed a preference for maintaining functionality but did not specify a format for response? and where the request for Excel format was verbal and occurred after defendant had begun to generate its production in Word format, court found production in Word format was sufficient and that defendant did not convert the information to remove functionality in contravention of Rule 34

Nature of Case: Allegations arising from union’s failure to pursue plaintiff?s grievances following his retirement

Electronic Data Involved: Database

Tran v. Sonic Indus. Servs., Inc., 2010 WL 5376348 (W.D. Okla. Dec. 21, 2010)

Dec 01 2010

Key Insight: Where defendant produced emails in ?approximate-date order,? the court ?agree[d] with Defendants? disjunctive reading of ?or? within Rule 34 that producing documents either in the method kept during the ordinary course of business or organized and labeled into categories corresponding with the request is sufficient to satisfy the rule? and denied plaintiff?s motion to compel re-production according to separate email accounts

Nature of Case: Employment discrimination

Electronic Data Involved: Emails

Achte/Neunte Boll Kino Beteiligungs GMBH & Co. v. Does 1-4577, 736 F. Supp. 2d 212 (D.D.C. 2010)

Dec 01 2010

Key Insight: Noting that “courts have held that Internet subscribers do not have an expectation of privacy in their subscriber information as they already have conveyed such information to their Internet Service Providers,” court denied motion to quash subpoena seeking identifying information from relevant ISPs

Nature of Case: Copyright infringement

Electronic Data Involved: Names and contact information for ISP subscribers

LG Elecs., Inc. v. Motorola, Inc., No. 10 CV 3179, 2010 WL 3075755 (N.D. Ill. Aug. 5, 2010)

Dec 01 2010

Key Insight: Court denied motion to compel non-party to produce email communications which were in the possession of a party to the action but not subject to production because of party agreement: ?This court will not require Motorola to produce e-mail communications that Vizio and LG purposefully decided not to seek in the underlying lawsuit.?

Nature of Case: Patent infringement

Electronic Data Involved: Email

In re Subpoena to Wisconsin Energy Corp., 2010 WL 715429 (E.D. Wis. Feb. 24, 2010)

Dec 01 2010

Key Insight: Court quashed non-party subpoena upon finding it unduly burdensome where non-party estimated the cost of compliance in excess of $1,000,000 and argued that the information sought was irrelevant and cumulative of information available to the plaintiff from an alternative source

Electronic Data Involved: Stochastic modeling reports

Estate of Boles v. Nat?l Heritage Realty, Inc., 2010 WL 2976076 (N.D. Miss. July 23, 2010)

Dec 01 2010

Key Insight: Court denied defendants? motion to produce the ?general ledger? in hard copy, with redactions, where the record made clear that defendants made no real attempt to comply with the court?s order compelling electronic production and, where defendant offered no proof of any court order prohibiting disclosure of the information contained in the ledger, where there was a sufficient protective order in place, and where ?matters involving payment of attorney fees are generally not privileged,? the court vacated prior orders allowing redactions and ordered production of the general ledger on CD or DVD within 3 days

Electronic Data Involved: Electronic copy of general ledger

Habtegiorgis v. OIC of Washington, 2010 WL 2232142 (E.D. Wash. June 2, 2010)

Dec 01 2010

Key Insight: Finding plaintiff?s requests ?reasonably calculated to lead to the discovery of admissible evidence,? court granted plaintiff?s motion to compel and ordered defendants to produce certain ESI and to allow plaintiffs to search defendant?s server and network using the terms of plaintiff?s choosing and ordered that defendant provide information regarding the creation of backup disks and other evidence; court granted plaintiff?s motion for the costs of bringing the motion

Electronic Data Involved: ESI

Howell Educ. Assoc. MEA/NEA v. Howell Board of Educ., 2010 WL 290515 (Jan. 26, 2010)

Dec 01 2010

Key Insight: Reversing the trial court, appellate court found personal emails retained on public school?s email system were not public records and therefore not subject to disclosure pursuant to Michigan?s Freedom of Information Act; court also concluded that violation of an acceptable use policy that does not expressly provide that emails are subject to FOIA does not render personal emails subject to disclosure pursuant to FOIA

Nature of Case: FOIA

Electronic Data Involved: Personal emails

Alexander v. Archuleta County, 2010 WL 363390 (D. Colo. Jan. 27, 2010)

Dec 01 2010

Key Insight: Where plaintiff failed to timely produce relevant communications despite a court order and offered no explanation for the delay and where the court determined the delayed production resulted in prejudice to the defendants, that the prejudice could not be cured by additional discovery, and that plaintiff?s discovery conduct was ?in bad faith and willful?, court ordered two affidavits in support of plaintiff?s response to summary judgment stricken and prohibited plaintiff from introducing those witnesses? testimony at trial and for plaintiff to pay defendant?s reasonable attorney?s fees and expenses

Nature of Case: Wrongful termination

Electronic Data Involved: Emails

Sunnen Prods. Co. v. Travelers Casualty and Surety Co. of Am., 2010 WL 743663 (E.D. Mo. Feb. 25, 2010)

Dec 01 2010

Key Insight: Where plaintiff sought discovery regarding similar insurance policies, claims and lawsuits of other insureds, court found the information ?discoverable? and rejected defendant?s claims of undue burden based on alleged inability to conduct an electronic search citing a prior court decision (involving defendant and similar claims of burden) for the proposition that plaintiff would not be denied discovery because of defendant?s election ?to have inadequate mens [sic] of accessing data?

Nature of Case: Insurance litigation

Electronic Data Involved: ESI

Catagory:Case Summaries