Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) – Page 8

Bradley v. County of San Joaquin (No. 17-cv-02313 (E.D. Cal. July 13, 2018), 2018)

Jul 13 2018

Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.

Nature of Case: 1983 Civil Rights Act claim

Electronic Data Involved: unspecified ESI

Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”

Identified Local Court Rule(s): E.D. Cal. R. 251(b)

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New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)

Jul 05 2018

Key Insight: production of ESI that party lacks possession of

Nature of Case: breach of contract

Electronic Data Involved: flash drive

Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party

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Williams v. CoreCivic, Inc. (D. Kan., 2018)

Jun 21 2018

Key Insight: Can a party “reserve” objections to discovery for trial, or answer recovery “on a rolling basis”?

Nature of Case: Discrimination

Keywords:

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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Jun 15 2018

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

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Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)

Jun 11 2018

Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy

Nature of Case: trade secret infringement

Electronic Data Involved: board minutes discussing third-party litigation funding

Keywords: Third-party litigation funding, board minutes, deposition

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In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)

May 31 2018

Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”

Nature of Case: Antitrust, consumer protection, racketeering

Keywords: overbroad, unduly burdensome, boilerplate, quash

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Noel et al v. City of New York (S.D.N.Y., 2018)

May 18 2018

Key Insight: Whether Plaintiffs have the right to review a database to determine if it is truly duplicative to what has already been produced.

Nature of Case: Housing discrimination

Electronic Data Involved: duplicative database, “Victor database”

Keywords: Database, duplicative, duplicate, Broad request

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Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

May 04 2018

Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case

Nature of Case: personal injury, Jones Act

Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history

Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”

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Brown v. Wal-Mart Store (Northern District California, San Jose Division, 2018)

Apr 27 2018

Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence

Nature of Case: Certified class action

Electronic Data Involved: audiovisual recordings, data logs

Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness

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Tag:Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015)