Key Insight: Requiring defendant to bear expense of identifying class members was abuse of discretion where cost of effort (over $16,000), which included manually sorting records, keypunching and creating software programs, would be same for plaintiff and no special circumstances existed
Nature of Case: Securities fraud class action
Electronic Data Involved: Computer tapes
Key Insight: Brief reference to court’s earlier order narrowing the scope of subpoena to hard copy documents only, rather than including production of electronic documents
Nature of Case: Product liability
Electronic Data Involved: Electronic production of documents
Key Insight: Defense counsel’s failure to produce computer records and to retain all drafts of settlement documents reflected lack of diligence rather than intentional effort to abuse discovery process; testimony of witness barred and $500 awarded as sanctions
Nature of Case: Sexual harassment
Electronic Data Involved: Computer records
Key Insight: Plaintiff’s motion to modify scheduling order to allow additional electronic discovery (production of all source code and image copies of all hard drives with access to a server from which a particular disk was copied) denied because plaintiff failed to exercise reasonable diligence — it had possession of the disputed disk for over nine months before it examined the disk and appreciated its significance
Nature of Case: Copyright infringement
Electronic Data Involved: Source code, image copies of hard drives
Key Insight: Finding it “astounding” that defendant’s employees failed to follow court’s preservation order and defendant’s own document retention policies, court rejected plaintiff’s request for adverse inference but imposed monetary sanction of $2,750,000 and barred testimony from at least 11 witnesses who failed to comply with defendant’s own internal document retention program
Nature of Case: Tobacco litigation
Electronic Data Involved: Email
Key Insight: Parties ordered to resolve, within five days, scope of electronic discovery to be made by each plaintiff through the completion of the meet and confer process; if no resolution reached, hearing to be held six days later to resolve outstanding issues
Nature of Case: Individual securities fraud actions
Electronic Data Involved: Electronic discovery
Key Insight: After jury awarded plaintiffs $225,000 in compensatory and punitive damages, court considered as a post-judgment matter the issue of whether to impose sanctions against defendant for discovery abuse, allowing parties to conduct further discovery on the impact of defendant’s noncompliance and scheduling an evidentiary hearing on the issue
Nature of Case: Heirs of insured sued insurance company for breach of duty of good faith and fair dealing, false representation and deceit
Electronic Data Involved: Computerized claims information
Key Insight: Sanctions not warranted where plaintiffs made ?tenuous allegation? without any specific evidentiary support that defendants had implemented a new email document retention policy after litigation was commenced and that potentially relative emails may have been destroyed pursuant to the policy
Nature of Case: Claimed violations of the anti-fraud provisions of the Securities and Exchange Acts
Electronic Data Involved: Email
Key Insight: Magistrate recommended that non-parties’ motion for attorneys’ fees and other costs incurred in appearing for depositions and responding to subpoenas be denied, since non-parties failed to object to subpoenas or condition compliance on reimbursement, and an award of $58,000, without notice to plaintiffs, would be tantamount to severe prejudice
Electronic Data Involved: Email and hard copy documents
Key Insight: Plaintiff’s ex parte motion to continue summary judgment and for additional discovery of defendant’s computer system denied where prior Rule 56(f) continuance had been granted and no showing was made of specific evidence expected to be elicited
Nature of Case: Insureds sued insurer for breach of covenant of good faith and fair dealing and related torts
Electronic Data Involved: Insurer’s claims-handling computer system
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