Tag:Early Conference/Discovery Plan

1
Balboa Threadworks, Inc. v. Stucky, 2006 WL 763668 (D. Kan. Mar. 24, 2006)
2
United States ex rel. Smith v. Boeing Co., 2005 WL 2105972 (D. Kan. Aug. 31, 2005)

Balboa Threadworks, Inc. v. Stucky, 2006 WL 763668 (D. Kan. Mar. 24, 2006)

Key Insight: During initial case management conferences, court ordered mirror imaging of all of defendants’ computers and peripheral equipment, e.g., ZIP drives, to be done at plaintiffs’ expense, and ordered parties to meet and confer on appropriate search protocol that would address the issue of protection of attorney client privilege and non-business related personal information which may be located on the computer hard drives

Nature of Case: Copyright infringement, fraud and civil conspiracy

Electronic Data Involved: All defendants’ computers and peripheral equipment

United States ex rel. Smith v. Boeing Co., 2005 WL 2105972 (D. Kan. Aug. 31, 2005)

Key Insight: Court denied plaintiffs’ motion for a preservation order, finding that plaintiff had not made a showing of a significant threat that documents would be lost or destroyed absent entry of an immediate order, and concluding that the regular procedures for discovery (including the court’s Electronic Discovery Guidelines) were sufficient and appropriate

Nature of Case: False Claims Act

Electronic Data Involved: Electronic evidence

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