Tag:Motion for Protective Order

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Skepnek v. Roper & Twardowsky, No. 11-41-2-KHV, 2013 WL 5499801 (D. Kan. Oct. 3, 2013)
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Drummond Co., Inc. v. Collingsworth, No. 13-mc-81069-JST (JCS), 2013 WL 6074157 (N.D. Cal. Nov. 18, 2013)
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United States ex rel King v. Solvay S.A., No. H-06-2662, 2013 WL 820498 (S.D. Tex. Mar. 5, 2013)
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Novick v. AXA Network LLC, No. 07 Civ. 7767(AKH)(KNF), 2013 WL 5338427 (S.D.N.Y. Sept. 24, 2013)
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Safety Today, Inc. v. Roy, Nos. 2:12-cv-510, 2:12-cv-929, 2013 WL 1282384 (S.D. Ohio Mar. 27, 2013)
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Kolon Indus. v. E.I. Du Pon De Nemours & Co., No. 3:11cv622, 2012 WL 614137 (E.D. Va. Feb. 23, 2012)
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Scott Process Sys., Inc. v. Mitchell, No. 2012CV00021, 2012 WL 6617363 (Ohio Ct. App. Dec. 17, 2012)
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Robinson v. City of Arkansas, Kansas, No. 10-1431-JAR-GLR, 2012 WL 603576 (D. Kan. Feb. 24, 2012)
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Special Markets Ins. Consultants, Inc. v. Lynch, No. 11 C 9181, 2012 WL 1565348 (N.D. Ill. May 2, 2012)
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Goldstein v. Colborne Acquisition Co., No. 10 C 6861, 2012 WL 1969369 (N.D. Ill. June 1, 2012)

Skepnek v. Roper & Twardowsky, No. 11-41-2-KHV, 2013 WL 5499801 (D. Kan. Oct. 3, 2013)

Key Insight: Where defendant sought to avoid running the searches proposed by plaintiff based on irrelevance, overbreadth and undue burden, the court found that defendant had failed to meet the burden to show cause for entry of a protective order and granted plaintiffs? motion to compel

Nature of Case: Breach of contract

Electronic Data Involved: Emails

Drummond Co., Inc. v. Collingsworth, No. 13-mc-81069-JST (JCS), 2013 WL 6074157 (N.D. Cal. Nov. 18, 2013)

Key Insight: Court evaluated various arguments offered by defendants and email account holders resisting production of requested information and found that defendants did not have standing to move to quash the subpoenas, account holder who was human rights lawyer and US citizen established prima facie case of infringement of her right to freely associate, and other account holders who were non-US citizens did not have First Amendment rights; court limited time frame of certain requests and also determined that, because disclosure of identifying and usage information for the accounts beyond counsel may pose a safety risk to the email account holders and/or their families, defendants were entitled to a protective order prohibiting plaintiff?s counsel from sharing such information beyond counsel of record and their employees

Nature of Case: Motion to quash subpoenas to Google and Yahoo! issued in libel action pending in N.D. Ala.

Electronic Data Involved: Subscriber and usage information associated with four email addresses

United States ex rel King v. Solvay S.A., No. H-06-2662, 2013 WL 820498 (S.D. Tex. Mar. 5, 2013)

Key Insight: Court granted motion for protective order to limit unduly burdensome discovery and preservation demands where Defendant established the significant burden associated with preserving the multiple repositories of potentially relevant information covering 89 potential custodians, including thousands of back-up tapes, and where the court found that the allegations of the complaint did not justify the broad timeframe for discovery sought

Nature of Case: Qui Tam action alleging violations of anti-kickback statute and retaliation against Relators

Electronic Data Involved: ESI

Novick v. AXA Network LLC, No. 07 Civ. 7767(AKH)(KNF), 2013 WL 5338427 (S.D.N.Y. Sept. 24, 2013)

Key Insight: Conducting its cost-shifting analysis ?under the Zubulake standard,? court reasoned that defendants ?failed to show that cost-shifting is appropriate because they did not establish that the production at issue was unduly burdensome or expensive, that is, that the data were kept in an inaccessible format.?

Electronic Data Involved: Emails

Safety Today, Inc. v. Roy, Nos. 2:12-cv-510, 2:12-cv-929, 2013 WL 1282384 (S.D. Ohio Mar. 27, 2013)

Key Insight: Court granted motion to compel inspection and imaging of certain of defendant?s computers/servers/devices in case involving accusations of misappropriation of confidential information by plaintiff?s former employees for the benefit of defendant but also granted defendant a protective order limiting disclosure for ?attorneys? eyes only?

Nature of Case: Missapropriation of confidential information

Electronic Data Involved: ESI

Kolon Indus. v. E.I. Du Pon De Nemours & Co., No. 3:11cv622, 2012 WL 614137 (E.D. Va. Feb. 23, 2012)

Key Insight: Court granted defendant?s motion to compel production of ?computer images and dumpster files? for 29 custodians upon finding that the information sought was relevant and that production would not be unduly burdensome

Nature of Case: Patent Infringement

Electronic Data Involved: Computer images and “dumpster files”

Scott Process Sys., Inc. v. Mitchell, No. 2012CV00021, 2012 WL 6617363 (Ohio Ct. App. Dec. 17, 2012)

Key Insight: Trial court abused discretion in granting motion to compel forensic imaging of third party?s devices where the record did not present a history of discovery violations or non-compliance sufficient to justify such intrusion and where the court?s order permitted ?unfettered forensic imaging? and contained none of the protections required to conduct forensic analysis (e.g., a neutral third-party examiner, production to counsel for privilege review prior to production to opposing counsel, etc.)

Nature of Case: Violation of non-compete

Electronic Data Involved: Forensic imaging

Robinson v. City of Arkansas, Kansas, No. 10-1431-JAR-GLR, 2012 WL 603576 (D. Kan. Feb. 24, 2012)

Key Insight: Addressing the sufficiency of defendant?s search for responsive ESI, among other discovery disputes, court found that defendant failed to conduct a reasonable search and ordered additional searching as specified by the court and that defendant produce mirror images of the computers and external drives of a former supervisor for defendant that was particularly relevant to the litigation (the court called the failure to search his computers ?inexcusable and inexplicable?); court granted protective order precluding defendant?s expert from requirement to produce hardware (computers, etc.) already subject to production by defendant pursuant to court?s order where such duplication was unnecessary and would unnecessarily increase costs

Nature of Case: civil rights and employment law

Electronic Data Involved: ESI

Special Markets Ins. Consultants, Inc. v. Lynch, No. 11 C 9181, 2012 WL 1565348 (N.D. Ill. May 2, 2012)

Key Insight: Court granted motion to quash third party subpoenas seeking production of defendants? email records, emails, text messages, and other related information (from Yahoo and Verizon) where the court found defendants did have standing to challenge the subpoenas and where the court further found that the subpoenas violated the Stored Communications Act, which does not allow for the production of such information pursuant to civil subpoena

Nature of Case: Breach of employment contract

Electronic Data Involved: Email records and messages; phone records and text messages

Goldstein v. Colborne Acquisition Co., No. 10 C 6861, 2012 WL 1969369 (N.D. Ill. June 1, 2012)

Key Insight: President and owner of corporation waived privileged as to emails on company servers by consenting to the sale of all company assets, including the company?s servers and emails, without asserting his privilege; shareholders/officers of corporation waived privilege as to messages sent from company email where subjective belief that their communications were confidential was not reasonable in light of company?s email policy which claimed ownership of emails on company systems and reserved the right to access them; court?s analysis applied Asia Global Crossing factors, but acknowledged that privilege waiver inquiries require case-by-case analysis

Nature of Case: Claim of fraudulent sale of business to avoid judgment

Electronic Data Involved: Allegedly privileged emails

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