Case Summaries – Page 60 – Electronic Discovery Law

Singh v. Hancock Nat. Res. Grp., Inc., No. 1:15-cv-01435-LJO-JLT, 2017 WL 710571 (E.D. Cal. Feb. 22, 2017)

Dec 01 2017

Key Insight: Court recommended terminating sanctions for Plaintiffs? discovery violations, including failing to produce documents with metadata, as ordered, and failing to provide an explanation; failing to produce other documents as ordered, including a more legible version of a spreadsheet that Plaintiffs created; and falsifying discovery, but declined to recommend additional monetary sanctions

Electronic Data Involved: ESI

Storey v. Effingham Cnty., No. CV 415-149, 2017 WL 2623775 (S.D. Ga. June 16, 2017)

Dec 01 2017

Key Insight: For Defendants? negligent (or even reckless) failure to preserve relevant video footage following Plaintiff?s release from jail despite the ?distinct possibility? of litigation in light of the injuries Plaintiff suffered while in custody and his specific threats to sue, the court imposed sanctions to redress the prejudice to Plaintiff and ordered that the court would tell the jury that the video was not preserved and that the parties could present evidence and argument regarding that failure for the jury?s consideration

Electronic Data Involved: Surveillance footage from jail

Charles v. City of New York, No. 12-CV-6180 (SLT)(SMG), 2017 WL 530460 (E.D.N.Y., Feb. 8, 2017)

Dec 01 2017

Key Insight: Where Plaintiff lost the phone containing relevant video footage of the incident leading to plaintiff?s arrest when she attended a ?gala? carrying a ?really small purse? and thus had to hand-carry or lay down her phone and where she failed to call the banquet hall to determine if her phone was recovered (although she apparently did call her phone?s service provider and a relevant cab company in furtherance of her recovery efforts), the court declined to find that the loss was intentional and reasoned that the evidence suggested ?at most mere negligence? and that because there was a ?genuine issue of material fact regarding what transpired during the videotaping, the court [could] not find that the lost videotape was likely to favor Defendants? and thus denied the motion for sanctions without prejudice to renewal at trial if ?Defendants could adduce evidence ? that the lost video recording was likely to be favorable to them?; notably, court applied common law spoliation analysis for loss of the phone, recognizing that the common law applied, ?except in cases involving electronically stored information?

Nature of Case: Constitutional claims arising from arrest following alteration with police while Plaintiff recorded police activities

Electronic Data Involved: Lost phone containing video footage of incident leading to arrest

Barry v. Big M Transp. Inc., No 1:16-cv-00167-JEO, 2017 WL 3980549 (N.D. Ala. Sept. 11, 2017)

Dec 01 2017

Key Insight: Court found Defendant?s failure to preserve a vehicle?s Electronic Control Module (ECM) data after it was aware of a severe accident, contrary to the Defendant?s ?normal practice,? constituted spoliation. Court denied Plaintiffs? motion for a negative inference under Fed. R. Civ. P. 37 (e) as the Plaintiffs were able to reconstruct the accident and vehicle?s speed from other sources and that the failure to preserve was not intentional based on the defendants? plausible, though erroneous, understanding that the data was overridden by the removal of the damaged vehicle from the scene. Court found a jury instruction that ECM data was not preserved and allowing both parties to present evidence and argument at trial regarding defendant?s failure to preserve the data to be a sufficiently effective sanction.

Nature of Case: Personal injury (auto accident)

Electronic Data Involved: Electronic Control Module (ECM)

Am. Auto. Ins. Co. v. Hawaii Nut & Bolt, Inc., No. 15-00245 ACK-KSC, 2017 WL 80248 (D. Hawai?I Jan. 9, 2017)

Dec 01 2017

Key Insight: Court reserved ruling on request for re-production of ESI where parties were ordered to confer, or, more specifically, to ?put their respective IT representative sin contact to see if an understanding can be reached about the format in which the ESI can be produced, as well as the related metadata (if any such metadata exists).?; in its analysis, court stated: ?ESI must be produced in the form in which it is maintained in the ordinary course of business, and if this includes metadata, the metadata must also be provided to Safeway.?

Electronic Data Involved: ESI, metadata

Bailey v. Alpha Techs., Inc., No. C16-0727-JCC, 2017 WL 2378921 (W.D. Wash. June 1, 2017)

Dec 01 2017

Key Insight: Court granted motion to compel production of requested ESI in native format: ?Native format production also complies with the Federal Rules of Civil Procedure and this case?s ESI order. Moreover, the Court finds that metadata and native format production are relevant and proportional to the needs of discovery. It is untenable to assert in this technology-driven age of litigation that images of electronic documents provided in TIFF and PDF form offer all of the relevant information possible. The metadata that is not visible in TIFF and PDF productions, but is visible in native format production, is relevant information. Therefore, the Court GRANTS Plaintiff?s motion on this issue.?

Nature of Case: Employment litigation

Electronic Data Involved: ESI

Houston v. Coveny, No. 14-cv-6609, 2017 WL 972124 (W.D.N.Y. Mar. 13, 2017)

Dec 01 2017

Key Insight: Court granted motion for preservation order as to relevant audio and video recordings reasoning that a court ?may grant a preservation order if a party can demonstrate that the evidence is in some danger of being destroyed absent court intervention? and that in light of the Department of Corrections and Community Supervision retention policy such an order was appropriate to ensure preservation through the pendency of the case

Electronic Data Involved: Audio and video recordings

Coward v. Forestar Realty, Inc., 4:15-cv-0245-HLM (N.D. Georgia, Rome Division, 2017)

Nov 30 2017

Key Insight: Plaintiffs unable to access password protected video camera offered hard drive to Defendants; Court held inaccessible videos were spoliated.

Nature of Case: property damage claim

Electronic Data Involved: videos

Keywords: spoliation, prejudice, sanctions, adverse inference, attorney’s fees

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Holick v. Burkhart ( No. 16-1188-JTM (D. Kan. Nov. 30, 2017), 2017)

Nov 30 2017

Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions

Nature of Case: libel, assault, slander

Electronic Data Involved: documents and communications posted or stored on social media, e-mails

Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”

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Knight Capital Partners Corp. v. Henkel AG & Company, KGaA, No. 16-12022 (E.D. Mich. Nov. 30, 2017).

Nov 30 2017

Key Insight: German defendant objected to discovery on basis of German Data Protection Laws. Court ruled that legal claim outweighed data protection.

Nature of Case: Tortious interference with business, breach of non-disclosure

Electronic Data Involved: German Business Records

Keywords: foreign company, data protection

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Catagory:Case Summaries