Case Summaries – Page 302 – Electronic Discovery Law

Chevron U.S.A., Inc. v. M&M Petroleum Servs., Inc., 2008 WL 5423820 (C.D. Cal. Dec. 30, 2008)

Dec 01 2008

Key Insight: Where defendant offered plaintiff access to the relevant computer for analysis but where defendant had not yet provided access and had failed to confirm production of all responsive documents from all relevant computers pursuant to court order, court ordered defendant to make computer available within 15 days so that plaintiff?s expert might ?ascertain for itself whether all responsive documents have been produced or?whether any relevant information on the hard drive or drives have been destroyed, erased, or wiped? and to serve verified supplemental responses to discovery indicating ?a diligent search of every computer [at issue]?

Nature of Case: Complaint for declaratory relief pursuant to Petroleum Marketing Practices Act

Electronic Data Involved: Hard drives

Jones v. Jones, 995 So.2d 706 (Miss. 2008)

Dec 01 2008

Key Insight: Where party admitted to deliberate destruction of personal computer and was thus unable to produce it in response to discovery requests and where party also admitted to perjury, Supreme Court held chancellor abused his discretion in failing to impose sanctions pursuant to his obligation to ?consider sanctions that are severe enough to deter other from pursuing similar action? and remanded for reconsideration accordingly

Nature of Case: Divorce

Electronic Data Involved: Computer

Overlap Inc. v. Alliance Bernstein Invs., Inc., 2008 WL 5780994 (W.D. Mo. Dec. 29, 2008)

Dec 01 2008

Key Insight: Court found defendant failed to establish burden of proving ESI was not reasonably accessible where testimony established the relevant computer system could b searched in-house with ?minimal? time spent and ordered defendant to search for and produce the information requested and to bear the associated costs; court ordered search of backup tapes without deciding the issue of reasonable accessibility where plaintiff established ?good cause? for why the tapes should be searched and ordered defendants to search for and produce the information requested and to bear the associated costs

Nature of Case: Breach of contract/warranty

Electronic Data Involved: ESI

Klayman v. Freedom’s Watch, Inc., 2008 WL 5111293 (S.D. Fla. Dec. 4, 2008)

Dec 01 2008

Key Insight: Court denied defendants’ motion for taxation of e-discovery costs amounting to $150,000 where defendant retained an outside firm to handle collections but failed to show the costs were “reasonable costs” pursuant to U.S.C ? 1920(4); court noted that “[i]n a non-electronic document case this work would be performed by paralegals and associate attorneys and would not be compensable under 28 U.S.C. ? 1920.”

Electronic Data Involved: ESI

Apsley v. Boeing Co., 2008 WL 191418 (D. Kan. Jan. 22, 2008)

Dec 01 2008

Key Insight: Where structure of Boeing?s privilege log was result of the same emails (containing legal advice) being stored in more than one email file and/or legal advice being repeated in email strings, and Boeing listed all of the email messages by Bates number where legal communication was located, but redacted only the portion of the string that contained legal communications, court concluded that log adequately supported Boeing?s claim of privilege for multiple copies of the same communication, noting: ?The organization of a privilege log for electronic documents existing in multiple locations presents a challenge. Perhaps a better method would be to list the original legal communication by date, author and recipient and thereafter indicate that the other Bates-stamped documents are copies or a repeat of the original legal communication. However, electronic discovery is an evolving practice and Boeing will not be faulted for its efforts to organize the privilege log.?

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Kounelis v. Sherrer, 529 F. Supp. 2d 503 (D.N.J. 2008)

Dec 01 2008

Key Insight: Where defendants failed to preserve DVR footage by not recording it on to a VHS tape before the footage was overwritten on the DVR hard drive, district court modified magistrate judge’s order, finding that it was an abuse of discretion to deny plaintiff’s request for adverse inference charge for defendants’ failure to preserve evidence

Nature of Case: Prisoner asserted ? 1983 action against various prison defendants

Electronic Data Involved: Digital video recording showing altercation between prisoner and prison staff

Outside the Box Innovations, LLC v. Travel Caddy, Inc., 2007 WL 5155945 (N.D. Ga. Mar. 27, 2008)

Dec 01 2008

Key Insight: Ruling on a number of discovery issues, court found that defendant?s production of electronic documents was proper, notwithstanding fact that production included numerous non-working files as well as unresponsive and offensive content; court noted that inappropriate and inoperable files represented small percentage of total documents produced, that defendant appeared to have been diligent in attempting to minimize such problems, and that ?it is likely that all electronic document production carries some possibility of technical difficulties?

Nature of Case: Patent infringement

Electronic Data Involved: Unspecified electronic files

Ogin v. Ahmed, 563 F.Supp.2d 539 (M.D. Pa. 2008)

Dec 01 2008

Key Insight: Where driver?s logs were relevant to plaintiff?s claims and defendants had notice of litigation and request to preserve them, but unilaterally determined that logs more than eight days prior to accident were irrelevant and destroyed them in the ?ordinary course of business,? court found that defendants actually suppressed and withheld driver’s logs and that adverse inference instruction was least severe and most appropriate sanction warranted under circumstances; court criticized defendants for not identifying date of destruction, individual responsible for such destruction, or time frame for such destruction pursuant to their retention policy and noted that defendants had not attached their retention policy as an exhibit to any filing or described any details of their retention policy

Nature of Case: Personal injury claims stemming from vehicle accident involving commercial tractor trailer and Jeep Wrangler

Electronic Data Involved: Computerized driver’s logs

In re Rosenthal, 2008 WL 983702 (S.D. Tex. Mar. 28, 2008)

Dec 01 2008

Key Insight: Finding that District Attorney?s admitted deletion of more than 2,500 emails sought by subpoena constituted ?unexcused, egregious conduct,? court found him in contempt of court and imposed $18,900 in sanctions (representing attorneys? fees); court further found that actions of attorney representing DA in the proceedings were ?unprincipled and dilatory, at best, constituting a deliberate indifference to the Court’s Orders and subpoena,? held him in contempt of court, and ordered that $5,000 of the $18,900 in sanctions awarded against DA was jointly and severally awarded against his attorney

Nature of Case: Civil rights suit against Harris County, Texas, the Harris County Sheriff and several Harris County deputies

Electronic Data Involved: Deleted emails of the District Attorney of Harris County, Texas

Reino de Espana v. Am. Bureau of Shipping, 2008 WL 3851957 (S.D.N.Y. Aug. 18, 2008)

Dec 01 2008

Key Insight: District court overruled Spain’s objections to Magistrate Judge?s various orders of November 3, 2006, January 25, 2007 and June 6, 2007

Nature of Case: Litigation brought by the government of Spain arising from shipping casualty and oil spill

Electronic Data Involved: Email

Catagory:Case Summaries