Tag:Motion for Protective Order

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Universal Del. v. Comdata Corp., 2010 WL 2330284 (E.D. Pa. June 4, 2010)
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CE Design Ltd. v. Cy?s Crabhouse N., Inc., 2010 WL 2365162 (N.D. Ill. June 11, 2010)
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Jicarilla Apache Nation v. United States, 93 Fed. Cl. 219 (Fed. Cl. 2010)
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In re Sawstop Cases, 2010 WL 2483316 (D. Mass. June 14, 2010)
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Interserve, Inc. v. Fusion Garage, Ltd., 2010 WL 3931100 (N.D. Cal. Oct. 6, 2010)
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Jones v. Comsys IT Partners, Inc., 2010 WL 3002083 (W.D.N.C. July 27, 2010)
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Fleming v. Escort, Inc., 2010 WL 3833995 (D. Idaho Sept. 24, 2010)
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Jeanes-Kemp, LLC v. Johnson Controls, Inc., 2010 WL 3522028 (S.D. Miss. Sept. 1, 2010)
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BBVA Compass Ins. Agency, Inc. v. Olson, 2010 WL 4004516 (D. Colo. Oct. 12, 2010)
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Camesi v. Univ. of Pittsburgh Med. Ctr., 2010 WL 3718867 (W.D. Pa. Sept. 20, 2010)

Universal Del. v. Comdata Corp., 2010 WL 2330284 (E.D. Pa. June 4, 2010)

Key Insight: Defendant?s motion for a protective order precluding compliance with plaintiff?s? subpoena duces tecum was denied where defendant failed to establish the irrelevance of the data sought and failed to establish the unduly burdensome nature of producing the information requested or to assert that the information was not reasonably accessible and where the court determined that an existing protective order was sufficient to protect any confidential information produced

Nature of Case: Antitrust litigation

Electronic Data Involved: Emails, ESI, hard copy

CE Design Ltd. v. Cy?s Crabhouse N., Inc., 2010 WL 2365162 (N.D. Ill. June 11, 2010)

Key Insight: Where defendant alleged plaintiff had violated the protective order by using information contained on a hard drive and backup tapes provided by a third party to initiate additional lawsuits, court denied defendant?s motion to dismiss absent evidence of prejudice but granted third party?s motion for protective order preventing such use going forward; for plaintiff?s failure to supplement discovery, court denied motion for dismissal but gave permission for defendant?s expert to supplement report based on newly-obtained information

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: ESI contained on hard drive, backup tapes

Jicarilla Apache Nation v. United States, 93 Fed. Cl. 219 (Fed. Cl. 2010)

Key Insight: Pursuant to Fed. R. Evid. 502(d), court entered protective order controlling the scope and production format of ESI as well as establishing that inadvertent disclosure would not result in the waiver of attorney-client privilege or work-product protection and establishing a protocol for how to notify opposing counsel of inadvertent production and counsel?s appropriate response

Nature of Case: Tribal trust case

Electronic Data Involved: ESI

In re Sawstop Cases, 2010 WL 2483316 (D. Mass. June 14, 2010)

Key Insight: Court ordered plaintiffs? production of cartridges containing relevant data (?akin to a ?black box??) that were relied upon by their expert in forming his opinions but found both parties proposed protective measures insufficient and ordered defendants to designate an expert or experts to review the cartridges, restricted access to the cartridges to defendants? expert(s) and counsel and their employees ?whose functions required access to the cartridge or cartridge information?, and ordered that each expert sign an agreement that they would not seek to develop technology similar to that at issue

Electronic Data Involved: Cartridge data “akin to a black box”

Jones v. Comsys IT Partners, Inc., 2010 WL 3002083 (W.D.N.C. July 27, 2010)

Key Insight: Where in response to plaintiff?s motion for a protective order requiring the preservation of relevant emails defendants affirmed they had been preserving relevant evidence and would continue to do so, the court denied plaintiff?s motion as moot

Electronic Data Involved: Emails

Jeanes-Kemp, LLC v. Johnson Controls, Inc., 2010 WL 3522028 (S.D. Miss. Sept. 1, 2010)

Key Insight: Court granted plaintiff?s motion for protective order as to two inadvertently produced privileged documents where the production was inadvertent, where discovery was reviewed by three attorneys prior to production and thus efforts to prevent disclosure were reasonable, and where upon notice of disclosure, counsel took immediate steps to retrieve the documents; court declined to sanction defense counsel for threatening use of the inadvertently disclosed documents where plaintiff?s motion for protective order was granted and where defendants had not yet had the opportunity to use the documents as threatened

Electronic Data Involved: Inadvertently produced emails

BBVA Compass Ins. Agency, Inc. v. Olson, 2010 WL 4004516 (D. Colo. Oct. 12, 2010)

Key Insight: Where plaintiff presented evidence that searching for the information requested by defendants could exceed 400 hours and where the request was duplicative and other sources of information existed, the court found that ?the burden on plaintiff ? is heavier than Defendants? alleged need for the files warrants? and granted plaintiff?s request for a Protective Order

Nature of Case: Claims for misappropriation of trade secrets, breach of fiduciary duty, breach of the duty of loyalty and breach of contract, among others

Electronic Data Involved: ESI/customer files

Camesi v. Univ. of Pittsburgh Med. Ctr., 2010 WL 3718867 (W.D. Pa. Sept. 20, 2010)

Key Insight: Stating that ?it is defendant?s responsibility to demonstrate objectively reasonable compliance? with the rules regarding ESI, the court found that defendants had failed to do so and denied their motion for a protective order; granting plaintiff?s motion to compel, the court ordered the parties to meet and confer to identify custodians for the purpose of limited discovery/sampling and to identify search terms to be utilized; court ordered defendants to identify potentially responsive ESI sources and to provide a reasonable description of the information stored therein in compliance with Local Rule 26.2

Electronic Data Involved: ESI, emails

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