FRCP 45 Third Party Subpoenas – Page 3 – Electronic Discovery Law

Wooten v. BNSF Railway Company (D. Mont., 2018)

May 29 2018

Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine

Nature of Case: Personal injury

Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone

Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP

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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

May 03 2018

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

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Linglong Americas Inc. v. Horizon Tire, Inc., et al., No. 1:15CV01240-DCN (N.D. Ohio Apr. 4, 2018)

Apr 04 2018

Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena

Nature of Case: Discovery dispute

Keywords: Subpoena, reimbursement, third-party, cost shifting

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Sali v. Corona Regional Medical Center (9th Circuit, 2018)

Mar 19 2018

Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards

Nature of Case: employee class action

Electronic Data Involved: expert witness deposition

Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation

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United States v. Tennessee Walking Horse Breeders and Exhibitors Association (Sixth Circuit Court of Appeals, 2018)

Mar 08 2018

Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated

Nature of Case: Horse Protection Act

Electronic Data Involved: Database records

Keywords: Horse, soring, cost-sharing

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Par Pharm., Inc. v. Express Scripts Specialty Distribution Servs., Inc., No. 4:17MC510 RLW, 2018 WL 264840 (E.D. Mo. Jan. 2, 2018)

Jan 02 2018

Key Insight: motion to compel production of documents including confidential patient information

Nature of Case: patent infringement

Electronic Data Involved: database maintained by non-party

Keywords: undue burden and expense on a non-party, subpoena duces tecum

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Parris v. Pappas (D. Conn., 2017)

Aug 03 2017

Key Insight: Documents in plaintiff’s girlfriend’s possession could not be compelled, because the girlfriend refused to produce them.

Nature of Case: Civil Rights action

Electronic Data Involved: documents held by third party

Keywords: practical ability test, proportionality, third party subpoena

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Hellers Gas, Inc. v. International Ins. Co. of Hannover Ltd. (M.D. Pa., 2016)

Jun 01 2016

Key Insight: Plaintiff failure to produce relevant and discoverable information.

Nature of Case: Insurance coverage litigation.

Electronic Data Involved: Email produced by a third party.

Keywords: Motion to compel. Specificity. Failure to specify.

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Henry v. Morgan?s Hotel Group, No. 15-cv-1789 (S.D.N.Y. Jan 25, 2016).

Jan 25 2016

Key Insight: Defendant issues subpoenas to Plaintiffs former employers. Court quashed the subpoenas.

Nature of Case: discrimination and retaliation

Electronic Data Involved: subpoenas to plaintiffs former employers.

Keywords: subpoenas

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Tag:FRCP 45 Third Party Subpoenas