Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.
Nature of Case: lease termination by law enforcement
Electronic Data Involved: text messages
Keywords: release of records, written authorization
Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections
Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud
Electronic Data Involved: Billing data, invoices, financial records
Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity
Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate
Nature of Case: Patent infringement
Electronic Data Involved: emails and business records
Keywords: search terms
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
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