Broadspring, Inc. v. Congoo, LLC, No. 13-cv-1866(RJS), 2016 WL 817449 (S.D.N.Y. Feb. 24, 2016)
Key Insight: Allowing taxable costs for the conversion of native files to TIFF
Nature of Case: Defamation
Electronic Data Involved: Taxable costs
T-Mobile USA, Inc. v. Huawei Device USA, Inc., No. C14-01351 RAJ, 2016 WL 1597102 (W.D. Wash. Apr. 20, 2016)
Key Insight: Motion for protective order granted where requested information was not relevant to claims or defenses plead and thus was outside of the scope of discovery
Nature of Case: Misappropriation of Trade Secrets
Electronic Data Involved: ESI, database
Botey v. Green, No. 3:12-CV-01520, 2016 WL 1337665 (M.D. Pa. April 4, 2016)
Key Insight: In this case, the court granted in part Plaintiff?s motion for sanctions where ESI was automatically destroyed despite a duty to preserve as the result of Defendant?s employees? failure to forward Plaintiff?s notice of litigation and request for preservation to corporate headquarters. Declining to impose an adverse inference, the court ordered that Defendants would not be allowed to rely on the destroyed records or other evidence designed to show their contents.
Nature of Case: Claims arising from traffic accident
Electronic Data Involved: ESI
Moll v Telesector Res. Grp., Inc., No. 04-CV-0805S(Sr), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016)
Key Insight: Addressing Plaintiffs? objection to a request for, essentially, all of Plaintiff?s Facebook content, the court cited Giacchetto v. Patchogue-Medford Union Free School Dist., No. 293 F.R.D. 112 (E.D.N.Y. 2013) for the proposition that ?routine status updates and/or communications on social networking websites are not, as a general matter, relevant to [plaintiff?s] claim for emotional distress damages, nor are such communications likely to lead to the discovery of admissible evidence regarding the same,? but further reasoned that ?post specifically referencing? Plaintiff?s emotional distress or at-issue treatment were discoverable and should be produced
Nature of Case: Motion to compel in case alleging discrimination, harassment, hostile environment, retaliation and unequal pay in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law and the Equal Pay Act
Electronic Data Involved: Social media/social network (Facebook)
Carlson v. Jarousek, No. 2-15-1248, 20167243557 (Ill. App. Ct. Dec. 21, 2016)
Key Insight: In personal injury case, the trial court abused its discretion by ordering forensic imaging of ALL of Plaintiff?s devices, including his work computer which was owned by his employer, where, among other things, the appellate court determined that such a request ran ?counter to the traditional protocol of discovery, in which one party requests specific information and the other party searches its own files (and computers) to identify and produce responsive information?; where the computer was not directly involved in the cause of action; where there was no evidence of prior discovery violations; and where ?careful consideration of relevance and proportionality reveal[ed] that forensic imaging was not justified in this case? including because there were ?ample? alternative avenues for discovery (e.g, requests for admission, depositions) and because much of the information sought fell within the categories of ESI identified in Illinois to be presumptively not discoverable; the court also addressed Plaintiff?s privacy concerns
Nature of Case: Personal injury (appeal)
Electronic Data Involved: Forensic imaging of computers (including work computer)
Moore v. Lowe?s Home Centers, LLC, No. 2:14-cv-01459 RJB, 2016 WL 3458353 (W.D. Wash. June 24, 2016)
Key Insight: No sanctions imposed for Defendant?s deletion of Plaintiff?s email in accordance with Defendant?s email retention policy following her termination where Plaintiff?s emails to HR and management ?did not raise ?potential claims? but rather raise Plaintiff?s concerns about workplace gossip and challenging relationships? and where other ?low-level employees? general awareness that Plaintiff was rumored to pursue litigation? did not result in a duty to preserve
Nature of Case: Employment litigation
Electronic Data Involved: Emails of departed/terminated employee
Steward Health Care Sys. LLC v. Blue Cross & Blue Shield of Rhode Island, No. 15-272, 2016 WL 8716426 (E.D. Pa. Nov. 4, 2016)
Key Insight: Third party objected to Subpoena to produce documents alleging undue burden and significant expense and refused to comply without a cost-shifting order. The Court consequently granted the requesting party?s motion to compel and the third party was ordered to produce all responsive documents by the ?most reasonable and practical method it can procure.? Following production, the third party then sought $30,603.55 in expenses. The Court?s two-prong analysis examined the expenses as to whether they were both reasonable and significant. The Court did not award attorneys? fees because the privilege and confidentiality review was a benefit only to the third party. Partial vendor costs were awarded, namely the amount it would have been had the third party used the vendor suggested by the requesting party and some additional miscellaneous costs were awarded. The Court found a total of $4,072 were expenses that resulted from compliance with the Subpoena and did qualify as ?significant expenses.?
Nature of Case: Antitrust and tort
Electronic Data Involved: Gmail
W. Radio Servs. Co. v. Allen, No. 6:14-CV-00747-AA, 2016 WL 684658 (D. Or. Feb. 16, 2016)
Key Insight: Noting that ?this court has held previously, ?the costs associated with the formatting and preparing of the administrative record are proper and necessarily incurred to produce electronic copies? for use in the case? the court allowed costs for ?converting TIFF images into searchable PDF format, electronically Bates-stamping the PDF images, hyperlinking the PDF images to the index, editing the index, and burning the images to DVDs.?
Electronic Data Involved: Taxable costs
Ferring B.V. v. Fera Pharm. LLC, CV 1304640(SJF)(AKT), 2016 WL 5396620 (E.D.N.Y. Sept. 27, 2016)
Key Insight: Where Defendant responded to court?s inquiries regarding its search efforts and marked its search terms and a ?non-exhaustive list of topic areas of documents produced to Plaintiff? as attorney work product, court reasoned that ?this is precisely the type information which is generally shared by counsel in complex civil litigation cases so that they may reach an agreement regarding the scope of production of ESI? and that ?[t]he norm in these cases is that counsel for both sides review and agree in advance on the parameters of the search, on any search terms to be used, and on the specific custodians whose files are to be searched? and ordered Defendant to file unredacted copies on ECF, but indicated that they would be under seal to protect information covered by the Stipulation and Order of Confidentiality
Electronic Data Involved: Search terms
Prometheus Labs. Inc. v. Roxane Labs. Inc., Nos. 11-230 (KM), 11-1241 (KM), 2016 WL 1559144 (D.N.J. Apr. 18, 2016)
Key Insight: Citing Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012), the court declined to tax costs for all ESI costs where relevant invoices ?did not clearly show any services performed to create a readable format,? where OCR charges are not taxable, where there were no entries in the relevant invoices for ?scanning hard copy documents or converting native files to TIFF format? (both taxable costs) and where it was not clear from the invoices that the services were conducted for Plaintiff?s benefit, rather than Defendant?s; court rejected argument that OCR should be taxed because of the parties? agreement
Electronic Data Involved: Taxable costs