Key Insight: Can discovery be given an expedited time table in order to precede a preliminary injunction hearing? Is it proportional?
Nature of Case: Legislation on violations of the Securities and Exchange Act of 1934
Electronic Data Involved: Depositions and documents (defined very broadly)
Keywords: Preliminary injunction, expedited discovery, proportionality, unduly burdensome
Key Insight: Plaintiff objected to discovery requests and added that it was withholding documents pursuant to this objection . Judge suggested a clearer response would have been preferred, but denied motion to compel.
Nature of Case: State Statute Constitutionality
Electronic Data Involved: ESI – Communications and Documents
Keywords: Objection; Withhold
Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails
Nature of Case: Employment Discrimination
Electronic Data Involved: ESI; email; SMS; Text messages
Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery
Key Insight: Attorneys on both sides had used multiple boilerplate objections when responding to discovery requests. Judge considered sanctions, but did not sanction either side. Was to be considered a warning about using boilerplate objections though.
Nature of Case: Breach of Warranty
Electronic Data Involved: Various ESI
Keywords: boilerplate; objections
Key Insight: general objections
Nature of Case: trademark; Lanham Act
Electronic Data Involved: business records
Keywords: the use of boilerplate language in responding to discovery requests violates Rule 34
Key Insight: Defendant produced in format requested by Plaintiff. Plaintiff filed motion to compel on grounds documents not matched up to requests. Due to burden on Defendant and lack of prejudice to Plaintiff, Defendant not required to change format of production.
Nature of Case: Breach of Contract
Electronic Data Involved: ESI Production
Keywords: Format; ordinary course of business
Key Insight: Parties may request specific format type of documents and opposing party must timely object to change format
Nature of Case: Education access
Electronic Data Involved: Emails
Keywords: Native format, FAPE, free appropriate public education, Individuals with Disabilities Education Improvement Act
Key Insight: Can documents be compelled to be produced in multiple formats, or in a certain specified format?
Nature of Case: Employment
Electronic Data Involved: Business documents, personnel files
Keywords: Multiple formats, native format
Key Insight: ordered to produce original emails between parties with metadata not versions forwarded to law office
Nature of Case: breach of contract
Electronic Data Involved: emails and metadata
Keywords: farm sale, email metadata
Key Insight: Magistrate judge denied defendant?s motion to compel plaintiff to organize and label its document production ?so that it corresponds to the categories in the request? because the discovery documents were immediately available for inspection at plaintiff counsel?s office in electronic format already organized, identifiable, and searchable by claim number; defendants needing only to execute claims number searches to identify documents. Thus, the court concluded that unless and until an inspection is undertaken and shown to be unduly burdensome, the plaintiff?s offer to permit inspection of database comports with ?both the letter and spirit of rule 34.?
Electronic Data Involved: ESI
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