Inspection – Page 13 – Electronic Discovery Law

Advante Int’l Corp. v. Mintel Learning Tech., 2006 WL 3371576 (N.D. Cal. Nov. 21, 2006)

Dec 01 2006

Key Insight: Where defendant demonstrated that serious questions existed both as to the reliability and the completeness of materials produced in discovery by plaintiff, including the possible alteration of email, court concluded that forensic examination of defendant’s hard drives was warranted; court ordered counsel for the parties to meet and confer regarding a protocol for the imaging and subsequent production of responsive documents

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drives; email

Smoliak v. Greyhound Lines Inc., 2006 WL 1029643 (N.D. Fla. Apr. 19, 2006)

Dec 01 2006

Key Insight: Magistrate issued Certification of Facts for a Finding of Contempt relating to conduct of non-party Brett Cormier, a relative and employer of plaintiff who had consistently failed to comply with discovery orders or produce salary and employment records; court had previously stated: “The Court is still reluctant to order an inspection of Cormier’s computer, at his expense, to obtain this information since it seems an extreme, expensive, and unnecessarily invasive process to obtain what should be relatively easy information about Plaintiff’s income. However, Cormier must be more cooperative in producing the limited information requested of him or the Court may be left with no other option. . . . Work history and salary information is simple, straightforward information that every reputable business maintains in a variety of easily retrievable formats, and the Court simply does not accept the representations heretofore made for why Brett Cormier cannot locate this information. This issue is getting tiresome and has occupied far too much of this Court’s time and energy.”

Nature of Case: Personal injury

Electronic Data Involved: Salary and employment information

In re Atlantic Int’l Mortg. Co., 352 B.R. 503 (Aug. 2, 2006)

Dec 01 2006

Key Insight: Although it concluded that default judgment against former general counsel was not warranted, court found that discovery misconduct of former general counsel and its attorneys bordered on obstruction and awarded trustee its reasonable attorneys fees and costs in pursuing all discovery in the proceeding

Nature of Case: Bankruptcy trustee sued debtor’s former general counsel for breach of fiduciary duty and related claims

Electronic Data Involved: Computer systems and electronic records

Pure-Flo MPC, LLC v. Bio Fab Techs., Inc., 2006 WL 1389115 (E.D. Wis. May 12, 2006)

Dec 01 2006

Key Insight: Court denied plaintiff’s motion for accelerated discovery and immediate inspection and copying of defendants’ computers by computer forensic specialist designated by plaintiff, since plaintiff had not yet filed its preliminary injunction motion: ?The Court will not accelerate and expand discovery beyond the parameters annunciated in the Federal Rules of Civil Procedure so as to help the parties prepare for an evidentiary hearing that may never take place.?

Nature of Case: Misappropriation of trade secrets and related claims

Electronic Data Involved: Email, confidential business information

Jacobson v. Starbucks Coffee Co., 2006 WL 3146349 (D. Kan. Oct. 31, 2006)

Dec 01 2006

Key Insight: Court imposed monetary sanctions, ordered defendant to submit to Rule 30(b)(6) deposition regarding its efforts to locate and produce responsive documents, and ordered defendant to produce key player’s computer for inspection by plaintiff, where evidence showed that the home and/or work computers of a key player and several witnesses had not been searched for responsive documents

Nature of Case: Employment discrimination

Electronic Data Involved: Hard drive; computerized records

New World Sys. Corp. v. Jones, 2006 WL 1234901 (E.D. Mich. May 5, 2006)

Dec 01 2006

Key Insight: Court set hearing date for plaintiff’s motion for expedited discovery and granted in part and denied in part defendants’ motion for expedited discovery; plaintiff agreed to allow defense counsel access to laptop computer that individual defendant possessed while in the employ of plaintiff, for the purpose of making a mirror image of the hard drive for examination by a computer forensics expert hired by defendant; court allowed defense counsel 14 days after the hard drive was “mirrored” to conduct expedited discovery subject to confidentiality order agreed to by parties

Nature of Case: Misappropriation of trade secrets, violation of non-compete

Electronic Data Involved: Laptop computer

Christopher v. Tulsa Ambassador Hotel, L.L.C., 2006 WL 3626761 (N.D. Okla. Dec. 11, 2006)

Dec 01 2006

Key Insight: Magistrate judge was within his discretion to order that original discs be produced for computer expert’s inspection and copying so that all parties could be satisfied as to the authenticity and integrity of the copies provided

Nature of Case: Employment discrimination

Electronic Data Involved: Computer discs onto which plaintiff had copied various files of defendant

MBNA Am. Bank, N.A. v. Cioe & Wagenblast, P.C., 2006 WL 1408402 (N.D. Ind. May 19, 2006)

Dec 01 2006

Key Insight: Court denied motion to reconsider prior discovery ruling that MBNA was not entitled to production of responsive correspondence on diskette, stating that MBNA had remedies under the FRCP if defendants failed to produce legible paper copies as ordered in the prior ruling; court also flatly rejected any attempt by MBNA to obtain discovery through inspection of defendants’ computer hard drives

Nature of Case: Bank alleged firm had conducted “sham” arbitrations with bank’s cardholders

Electronic Data Involved: Word processing files

PML N. Am., LLC v. Hartford Underwriters Ins. Co., 2006 WL 3759914 (E.D. Mich. Dec. 20, 2006)

Dec 01 2006

Key Insight: Where one defendant failed to comply with court’s orders regarding forensic inspection and copying of hard drives, and there was evidence of data spoliation and physical tampering with computer hardware, court concluded that default judgment was appropriate sanction and also ordered the defendant to pay the reasonable attorney fees and costs that its misbehavior caused plaintiff to incur

Nature of Case: Insurance fraud, insurance coverage

Electronic Data Involved: Various hard drives and backup drives

Lighthouse Community Church of God v. City of Southfield, 2006 WL 1662615 (E.D. Mich. June 12, 2006)

Dec 01 2006

Key Insight: Denying plaintiff’s request to inspect defendant’s computer system, court ordered defendant to produce all emails in its possession or control that were responsive to particular request for production, or provide a privilege log as to any emails claimed to be privileged; court warned defendants that failure to comply with the order could result in the imposition of “the most drastic sanctions permissible under Rule 37(b)(2), including striking their pleadings, entry of default judgment, and contempt of court sanctions”

Nature of Case: Following city’s issuance of citation for church’s use of building without certificate of occupancy, church asserted various constitutional claims

Electronic Data Involved: Email

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