Motion to Compel – Page 11 – Electronic Discovery Law

Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Sep 17 2019

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Sep 16 2019

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Sep 10 2019

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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Hardin v. Mendocino Coast District Hospital et al (N.D. Cal. , 2019)

Sep 09 2019

Key Insight: Denied motion to compel ESI Protocol filed 7 days after close of discovery where party made repeated demands for ESI but did not engage in establishing ESI protocol

Nature of Case: False Claims Act

Keywords: ESI Protocol

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Smith v. TFI Family Services (Kansas, 2019)

Sep 04 2019

Key Insight: failing to produce ESI in native format with associated metadata.

Nature of Case: Civil action for deprivation of rights

Electronic Data Involved: PDF documents

Keywords: Metadata, native format, ESI in native format

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Falk v. Aetna Life Ins. Co., No. 3:19-cv-00434 (D.N.J. Aug. 31, 2019).

Aug 31 2019

Key Insight: click-wrap arbitration agreement with discovery limitations was enforceable.

Nature of Case: age and disability wrongful termination

Electronic Data Involved: various discovery requested by plaintiff

Keywords: click-wrap agreement, discovery limits in arbitration

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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Aug 28 2019

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

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BlackBerry Limited v. Facebook, Inc. et al (C.D. Cal., 2019)

Aug 19 2019

Key Insight: CEO emails not related enough to be proportional

Nature of Case: Patent

Electronic Data Involved: emails

Keywords: Zuckerberg emails

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Pentel et al v. Shepard et al (D. Minn., 2019)

Aug 07 2019

Key Insight: audit returns requested not proportional since massive burden to non-party

Nature of Case: Driver’s Privacy Protection Act

Electronic Data Involved: LEMS audit returns

Keywords: judge warns of sanctions

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Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).

Aug 07 2019

Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.

Nature of Case: Privacy

Electronic Data Involved: Driver License Database Access Records

Keywords: access records, non-party, burden

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Tag:Motion to Compel