Early Conference/Discovery Plan – Page 5

Joffe v. Google, Inc., No. 10-md-02184-CRB (MEJ), 2014 WL 4681403 (N.D. Cal. Aug. 13, 2014)

Dec 01 2014

Key Insight: Where district court had authorized limited discovery on the issue of standing, and parties disagreed on scope and method of search of data, magistrate judge concluded that the most efficient method was through the appointment of a special master as it would (1) permit a technical expert to review all the data in a timely and effective manner, (2) limit collateral attacks and claims of bias that were likely to result if either party conducted the search, and (3) protect any interests that parties not before the court might have, given plaintiffs’ claims that the data contains private information; magistrate judge recommended appointment of special master and further recommended using Google’s ?Jurisdictional Discovery Proposal? for selection of the special master, development of protocol and depositing of information, and all related matters

Nature of Case: Putative class action in which plaintiffs alleged that Google intentionally intercepted, recorded and stored their Wi-Fi communications

Electronic Data Involved: Google’s “Street View” data

Joffe v. Google, Inc., No. 10-md-02184-CRB (MEJ), 2014 WL 4681035 (N.D. Cal. Sep. 19, 2014)

Dec 01 2014

Key Insight: District Court adopted magistrate judge?s recommendation (at 2014 WL 4681403) but sustained two of plaintiffs? objections to Google?s Jurisdictional Discovery Proposal, ruling that the search should include not only each plaintiff?s network from which communications may have been sent, but also any other network on which plaintiffs? communications might have been received, and that plaintiffs should see the results of the special master?s searches in order to provide the special master with feedback to aid in subsequent searches

Nature of Case: Putative class action in which plaintiffs alleged that Google intentionally intercepted, recorded and stored their Wi-Fi communications

Electronic Data Involved: Google’s “Street View” data

Mejia v. Charette, No. 12-cv-449-JD-LM, 2013 WL 6001081 (D.R.I. Nov. 12, 2013)

Dec 01 2013

Key Insight: In the interest of judicial economy and efficiency, Court deferred ruling on plaintiff?s motion to compel to the extent it sought records from Wyatt Detention Facility (a third party), and directed defense counsel to request from the WDF the records plaintiff sought and to report on the status of such request at the next pretrial conference; court further denied defendants? request to limit their obligation to preserve and produce ESI so that they need not maintain that information beyond the regularly scheduled deletion, purge or overwriting date unless they have actual knowledge that responsive information actually is contained in the system or unless opposing party specifically requests it in writing, and to exclude backup tapes from litigation hold, as defendants did not provide any reason why their obligation to preserve all relevant ESI, including backup tapes or disks, should be voided, or why they should be excused from a party?s general duty to preserve relevant evidence once on notice of litigation

Nature of Case: Inmate at Wyatt Detention Facility asserted escessive force claims against four U.S. Marshals

Electronic Data Involved: ESI

Home Instead, Inc. v. Florance, No. 8:12CV264, 2013 WL 5979629 (D. Neb. Nov. 8, 2013)

Dec 01 2013

Key Insight: Finding defendants? effort to respond to discovery inadequate in various respects, court granted plaintiff’s motion to compel and ordered defendants: (1) to provide detailed listing of all documents responsive to plaintiff’s discovery and in defendants’ possession, custody or control as of date of discovery requests, but which were not produced because defendants destroyed, deleted, sold, shredded or otherwise discarded them, along with a description of how and when defendants lost control or possession of such information, (2) to further search for and respond to discovery, produce any additional discovery located, and explain by written affidavit, as to each separate document request, the efforts made to locate responsive documents, and (3) to provide a sworn affidavit outlining whether a litigation hold was put in place, persons to whom litigation hold letter was sent, directions for preservation, sources identified for search, search terms used and efforts to ensure compliance with litigation hold; court further faulted defendants? production of one large PDF that contained no metadata, no indication of parent-child document relationship, and no indication as to the beginning and end of each document, and ordered defendants to produce responsive information in a manner that complied with the Federal Rules

Nature of Case: Franchise dispute involving claims for violation of non-compete clause, misappropriation of trade secrets and license marks, and other claims

Electronic Data Involved: ESI

Ewald v. Royal Norwegian Embassy, No. 11-CV-2116 SRN/SER, 2013 WL 6094600 (D. Minn. Nov. 20, 2013)

Dec 01 2013

Key Insight: District court affirmed in part magistrate judge?s order (at 2013 WL 5687559) denying plaintiff?s request for forensic examination of laptop computers used by plaintiff during her employment, as defendant produced 56,625 pages of documents from most recently used laptop, and burden and expense of forensic examination of previous laptop outweighed its likely benefit, given that plaintiff did not assert even a belief that relevant information existed on that computer that was not produced from other sources; court reversed in part magistrate judge?s order denying access to text and voice messages, finding that plaintiff demonstrated that ?the scale tips in her favor? in regard to two mobile phones provided by defendant to plaintiff and another witness for work-related purposes, and ordering parties to meet and confer upon protocol to be used in conducting search for responsive text messages and voice messages contained on the two devices

Nature of Case: Employment discrimination

Electronic Data Involved: Work laptops, and text messages and voice messages on certain mobile devices

Westdale Recap Props., Ltd. v. NP/I & G Wakefield Commons, LLC, No. 5:11-CV-659-D, 2013 WL 5424844 (E.D.N.C. Sep. 26, 2013)

Dec 01 2013

Key Insight: Where producing party defended tardiness of production by explaining it had been awaiting agreement on protocol for ESI, as contemplated in parties? discovery plan, and proposed search terms from plaintiffs to conduct a supplemental search of ESI pursuant to such protocol, court granted in part and denied in part plaintiffs? motion to compel, setting deadlines for plaintiffs to provide different custodians, dates and/or keyword search terms, and for production, resolving that production should be in the form of searchable PDF?s with the option of requesting particular ESI in native format if there is a demonstrable need, and requiring defendant to prepare privilege log meeting requirements of Rule 26(b)(5)(A) and duly signed by counsel for any otherwise responsive documents withheld on grounds of privilege

Nature of Case: Fraud, civil conspiracy, unfair and deceptive trade practices and negligent misrepresentation

Electronic Data Involved: ESI

McGrath v. United States, 103 Fed. Cl. 658 (Fed. Cl. 2012)

Dec 01 2012

Key Insight: Court ordered adoption of parties? proposed order concerning the management of electronic discovery which contained ?some but not all? of the provision of the [Model] Order drafted by the Federal Circuit and indicated its additional consideration of the [Model] Order adopted by the E.D. Texas

Electronic Data Involved: ESI

Hard Drive Prods., Inc. v. Does 1-118, No. C 11-01567 LB, 2011 WL 1431612 (N.D. Cal. Apr. 14, 2011)

Dec 01 2011

Key Insight: Where plaintiff demonstrated that (1) the Doe defendants are real people who may be sued in federal court; (2) it has unsuccessfully attempted to identify the Doe defendants prior to filing this motion; (3) its infringement and civil conspiracy claims against the Doe defendants could survive a motion to dismiss; and (4) there is a reasonable likelihood that service of the proposed subpoenas on the ISPs will lead to information identifying the Doe defendants, court granted motion for expedited discovery to allow plaintiffs to serve subpoenas seeking information to identify the unknown plaintiffs

Nature of Case: Copyright infringement

Electronic Data Involved: Information related to identity of Does 1-118

Liberty Media Holding, LLC v. Swarm of November 16, 2010 Sharing Hash File A3E6F65F2E3D672400A5908F64ED55B66A088B8, No. 11cv619 (BLM), 2011 WL 1597495 (S.D. Cal. Apr. 26, 2011)

Dec 01 2011

Key Insight: Plaintiff’s motion for permission to serve subpoenas on identified ISPs seeking information sufficient to identify Does 1-95 granted

Nature of Case: Coyright infringement

Electronic Data Involved: Names of ISP subsribers

Call of the Wild, LLC v. Does 1-1062, 770 F. Supp. 2d 332 (D.D.C. 2011)

Dec 01 2011

Key Insight: Court denied third-party Time Warner?s motion to quash plaintiffs? subpoena seeking identifying information as to a number of allegedly infringing John Does where Time Warner failed to establish undue costs because plaintiff had been ordered to bear the costs of production and failed to establish undue burden, particularly where it admitted that ?more than fifty percent? of the work had already been accomplished

Nature of Case: Copyright infringement

Electronic Data Involved: Identifying information of ISP subscribers

Tag:Early Conference/Discovery Plan