Case Summaries – Page 327 – Electronic Discovery Law

Thielen v. Buongiorno USA, Inc., 2007 WL 465680 (W.D. Mich. Feb. 8, 2007)

Dec 01 2007

Key Insight: Court granted defendant’s motion to compel forensic inspection of plaintiff’s computer and defendant’s sole expense, but limited the scope of the inspection to determining whether, during the relevant time period, plaintiff accessed defendant’s website or a website which advertised defendant’s services, what interaction plaintiff had with such websites and what, if any, information concerning those internet transactions was subsequently deleted

Nature of Case: Cellular phone user alleged that defendant violated the Telephone Consumer Protection Act of 1991 by sending text messages to plaintiff’s cell phone without his permission

Electronic Data Involved: Plaintiff’s computer hard drive

Horowitch v. Diamond Aircraft Indus., Inc., 2007 WL 1192401 (M.D. Fla. Apr. 23, 2007)

Dec 01 2007

Key Insight: Court denied plaintiff’s motion to compel a more detailed answer to interrogatory seeking information about the “location” of electronically stored information, but ordered defense counsel to immediately provide plaintiff’s counsel with further information about its answer to the interrogatory “and any other information pertaining to electronic discovery issues”

Nature of Case: Breach of contract, specific performance

Electronic Data Involved: ESI generally

JPMorgan Chase Bank, N.A. v. Neovi, Inc., 2007 WL 1514005 (S.D. Ohio May 22, 2007)

Dec 01 2007

Key Insight: Where magistrate judge found that defendant “deliberately and stubbornly refused to produce the most basic information about its Ohio contacts and has likely destroyed much of that information after it put those contacts directly at issue,” magistrate judge denied defendant’s motion to dismiss for lack of personal jurisdiction as least drastic discovery sanction and awarded plaintiff its reasonable attorneys’ fees and expenses incurred in connection with the sanctions motion

Nature of Case: UCC claims arising from defendant’s Internet-based check service

Electronic Data Involved: Database

In re Subpoena to Chronotek Sys., Inc., 2007 WL 2177013 (S.D. Tex. July 27, 2007)

Dec 01 2007

Key Insight: Magistrate judge adopted special master’s recommendations regarding motion to compel production of source code, and ordered Chronotek to produce the portions of its source code, if any, that incorporated particular technology subject to an appropriate protective order, or, if source code did not incorporate particular technology at issue, affidavit of knowledgeable person attesting to same

Nature of Case: Patent litigation

Electronic Data Involved: Source code

Square D Co. v. Scott Elec. Co., 2007 WL 3488809 (W.D. Pa. Nov. 14, 2007)

Dec 01 2007

Key Insight: Declining to impose sanctions at this stage of litigation, court reiterated its prior order requiring defendant to submit to a forensic inspection of its computer systems which record its purchases and sales of Square D products and its inventory of such products, with such inspection to be incurred at defendant’s sole expense and cost; court further denied defendant’s motion for protective order for lack of good cause

Nature of Case: Circuit breaker manufacturer alleged that defendants unlawfully imported, distributed, and sold counterfeit Square D products

Electronic Data Involved: Defendant’s computer systems

Auto. Inspection Servs., Inc. v. Flint Auto Auction, Inc., 2007 WL 3333016 (E.D. Mich. Nov. 9, 2007)

Dec 01 2007

Key Insight: Though plaintiff?s counsel?s conduct in failing to give notice to defendant prior to executing subpoena and inspecting and copying two laptop computers of non-party was ?a flagrant abuse of the subpoena power and bad faith,? sanction of dismissal was too harsh and court instead imposed “sizeable” monetary sanction

Nature of Case: Breach of licensing agreement

Electronic Data Involved: Hard drives of two laptops owned by non-party

Wachtel v. Health Net, Inc., 2007 WL 1791553 (D.N.J. June 19, 2007)

Dec 01 2007

Key Insight: Further to its December 6, 2006 Opinion and Order (at 239 F.R.D. 81) sanctioning defendants and awarding plaintiffs their reasonable attorneys’ fees and expenses incurred in connection with ?Rule 37/Integrity hearing? and related discovery motions, court approved $6,723,883 as amount of sanction

Nature of Case: Beneficiaries of employment benefit health plans asserted class action claims under ERISA

Electronic Data Involved: Email and other electronic documents

Rouse v. II-VI, Inc., 2007 WL 2907935 (W.D. Pa. Oct. 1, 2007)

Dec 01 2007

Key Insight: Among other findings on plaintiff’s motion to compel, court concluded that keyword search performed by defendant was adequate given the circumstances of the case

Nature of Case: Employment discrimination

Electronic Data Involved: Email

ATM Exchange, Inc. v. Visa Int’l Serv. Ass’n, 2007 WL 1674230 (S.D. Ohio June 7, 2007)

Dec 01 2007

Key Insight: Court ordered defendant to provide verified discovery response indicating that it had produced all relevant and responsive documents and/or information collected from imaged hardrive of key player’s computer, and to provide verified discovery response stating whether or not it had an email document retention policy in place during relevant time period

Nature of Case: Negligent misrepresentation and fraud

Electronic Data Involved: Email

Williams v. Sprint/United Mgmt. Co., 2007 WL 214320 (D. Kan. Jan. 23, 2007)

Dec 01 2007

Key Insight: Upon remand from district court judge, magistrate set out various reasons why he denied plaintiffs’ motion to the extent it sought to impose sanctions for defendant’s alleged failure to produce all spreadsheet materials in native format, its failure to timely produce spreadsheet materials, and its conduct in re-producing spreadsheet materials in non-native format that had already been produced in native format

Nature of Case: Employment discrimination

Electronic Data Involved: Spreadsheets

Catagory:Case Summaries