Motion to Compel – Page 102 – Electronic Discovery Law

Armor Screen Corp. v. Storm Catcher, Inc., 2008 WL 5262707 (S.D. Fla. Dec. 17, 2008)

Dec 01 2008

Key Insight: Where plaintiff produced materials relied on by its expert on DVD in .sav format but defendants alleged it was inaccessible, court held that .sav format was a ?reasonably accessible format? and declined to compel re-production; court?s reasoning included consideration that .sav was format in which expert originally considered the information and evidence that .sav files could be opened by standard ?statistical computer packages?

Electronic Data Involved: ESI, “.sav” data

Apsley v. Boeing Co., 2008 WL 191418 (D. Kan. Jan. 22, 2008)

Dec 01 2008

Key Insight: Where structure of Boeing?s privilege log was result of the same emails (containing legal advice) being stored in more than one email file and/or legal advice being repeated in email strings, and Boeing listed all of the email messages by Bates number where legal communication was located, but redacted only the portion of the string that contained legal communications, court concluded that log adequately supported Boeing?s claim of privilege for multiple copies of the same communication, noting: ?The organization of a privilege log for electronic documents existing in multiple locations presents a challenge. Perhaps a better method would be to list the original legal communication by date, author and recipient and thereafter indicate that the other Bates-stamped documents are copies or a repeat of the original legal communication. However, electronic discovery is an evolving practice and Boeing will not be faulted for its efforts to organize the privilege log.?

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Church v. Wachovia Sec., Inc., 2008 WL 281091 (W.D.N.C. Jan. 30, 2008)

Dec 01 2008

Key Insight: Court ordered parties to file joint status report describing results of targeted search of defendant’s data backup system with respect to particular witness and stating their respective positions on issue of whether such results warranted further search of data backup system for emails authored by or addressed to other individuals

Nature of Case: Breach of contract, violation of North Carolina Wage and Hour Act

Electronic Data Involved: All emails relating to plaintiff or his compensation generated in past ten years by plaintiff and other Wachovia employees

Margel v. E.G.L. Gem Lab Ltd., 2008 WL 2224288 (S.D.N.Y. May 29, 2008)

Dec 01 2008

Key Insight: Where information maintained in electronic database was necessarily in a form that was not identical to report prepared on basis of that data and produced in discovery, and defendant did not claim that database was “not reasonably accessible,” court ordered defendant to produce or make otherwise available that part of electronic database that evidenced the issuance of certificates during relevant time frame

Nature of Case: Action among gem grading laboratories concerning the right to use certain trademarks in the U.S. and the right to issue grading certificates bearing those marks

Electronic Data Involved: Database containing information used to prepare report produced by defendant in discovery

Viacom Intern. Inc. v. Youtube Inc., 2008 WL 2627388 (S.D.N.Y. July 2, 2008)

Dec 01 2008

Key Insight: Ruling on parties? cross-motions regarding production of various types of ESI sought by plaintiffs, court denied motion to compel source code given its value and secrecy and plaintiff?s failure to make proper preliminary showing justifying production; court further denied motion to compel production of schema for Google?s advertising database, but granted motion to compel as to data from YouTube logging database and schema for Google Video Content database

Nature of Case: Copyright infringement

Electronic Data Involved: Databases, computer source code which controls both the YouTube.com search function and Google’s internet search tool ?Google.com? and source code for YouTube’s ?Video ID? program

Arista Records, LLC v. Does 1-12, 2008 WL 4133874 (E.D. Cal. Sept. 4, 2008)

Dec 01 2008

Key Insight: Good cause existed to grant plaintiffs’ application for expedited discovery prior to Rule 26(f) conference given possibility that ISP may destroy information that could identify Doe defendants, discovery request was narrowly tailored and would substantially contribute to moving case forward, and defendants could not be identified without requested information; to protect any privacy rights or first amendment protections of Doe defendants, court set out procedure for ISP to first contact subscribers prior to releasing their information and set deadlines for any motions to quash

Nature of Case: Copyright infringement

Electronic Data Involved: Names and contact information for ISP subscribers

Spieker v. Quest Cherokee, LLC, 2008 WL 4758064 (D. Kan. Oct. 30, 2008)

Dec 01 2008

Key Insight: Granting leave to refile, court denied plaintiff?s motion to compel production of emails for failure to show their relevance to class certification but rejected defendants? argument that $375,000 cost of production was unduly burdensome in light of amount in controversy where defendant argued claims of named plaintiffs were worth $100,000 or less but plaintiff argued claims of the class exceeded $5 million; court also stated that where defendant was in better position to identify search terms it should do so to reduce volume, that the cost of production versus the amount in controversy did not render email data ?not reasonably accessible,? and that parties should address Rule 502 in any future discussions regarding cost, among other things

Nature of Case: Class action for failure to pay royalties arising from oil and gas leases

Electronic Data Involved: Email

Huthnance v. D.C., 255 F.R.D. 285 (D.D.C. 2008)

Dec 01 2008

Key Insight: Where defendants? radio log indicated a relevant communication occurred but where defendants were unable to produce the audio tape, court ordered defendant to produce its document retention policies to show ?whether the [communications] were maintained according to standard procedure?

Nature of Case: Claims arising from alleged illegal arrest and detention

Electronic Data Involved: Audio tapes of phonecalls, access to

Am. Mfr. Mut. Ins. Co. v. Payton Lane Nursing Home, 2008 WL 5231831 (E.D.N.Y. Dec. 11, 2008)

Dec 01 2008

Key Insight: Where plaintiffs? privilege log specified doc type, doc date, bates numbers, author, recipients and a document title but did not sufficiently describe the content of the document, court ordered production of proper log that must ?identify each document with specificity as is need to demonstrate the communication was made for the purpose of obtaining or providing legal services and that the communication was intended to be and was kept confidential.?

Electronic Data Involved: Privileged email and hard copy communications

Williams v. Taser Int’l, Inc., 2008 WL 192991 (N.D. Ga. Jan. 22, 2008)

Dec 01 2008

Key Insight: Where privilege log entries failed to identify who sent or received documents, disclosed little or no information about actual contents of documents, used boilerplate objections which court had previously ruled were insufficient, and court had previously ordered Taser to provide more information in privilege logs, court concluded that Taser?s unjustified delay in providing a meaningful privilege log was inexcusable, in bad faith and deserving of sanctions; Taser?s assertions of attorney client privilege and work product doctrine were deemed waived and court ordered Taser to produce all documents identified in privilege logs

Nature of Case: Wrongful death

Electronic Data Involved: Privileged email and other documents

Tag:Motion to Compel