Motion to Compel – Page 112 – Electronic Discovery Law

ATM Exchange, Inc. v. Visa Int’l Serv. Ass’n, 2007 WL 1674230 (S.D. Ohio June 7, 2007)

Dec 01 2007

Key Insight: Court ordered defendant to provide verified discovery response indicating that it had produced all relevant and responsive documents and/or information collected from imaged hardrive of key player’s computer, and to provide verified discovery response stating whether or not it had an email document retention policy in place during relevant time period

Nature of Case: Negligent misrepresentation and fraud

Electronic Data Involved: Email

Goss Int’l Ams., Inc. v. Graphic Mgmt. Assocs., Inc., 2007 WL 161684 (N.D. Ill. Jan. 11, 2007)

Dec 01 2007

Key Insight: Court ordered Swiss defendants to produce all documents relating to their contacts with the United States, including email, and further ordered that such email and any attachments be produced in native format as specified in the request for production

Nature of Case: Patent litigation

Electronic Data Involved: Email

Amersham Biosciences Corp. v. PerkinElmer, Inc, 2007 WL 842038 (D.N.J. Mar. 15, 2007) (Unpublished)

Dec 01 2007

Key Insight: Court denied plaintiff’s motion for reconsideration of that portion of its January 31, 2007 order adopting magistrate judge’s finding that plaintiff had waived any privilege that may have applied to the 37 Non-Lotus Notes Documents

Nature of Case: Patent litigation

Electronic Data Involved: Privileged email

Hill v. Eddie Bauer, 2007 WL 1309536 (C.D. Cal. Mar. 29, 2007)

Dec 01 2007

Key Insight: Ruling on plaintiff’s motion to compel, court expressed dismay that parties had not addressed discovery of ESI given FRCP e-discovery amendments and fact that much of the evidence was in electronic format; court ordered parties to personally meet and confer to discuss a discovery plan addressing, among other things, electronic discovery, modifications to the Federal Rules, depositions, and the like, and lodge the proposed discovery plan by certain date

Nature of Case: Individual and class action alleging labor abuses

Electronic Data Involved: Sales information, employee information

KnifeSource, LLC v. Wachovia Bank, N.A., 2007 WL 2326892 (D.S.C. Aug. 10, 2007)

Dec 01 2007

Key Insight: Where defendant stated it did not maintain physical copies of statements and that compliance with production request would impermissibly require it to create documents, court found that defendant had not shown requested information was “not reasonably accessible” and ordered production to the extent defendant maintained any of the requested information electronically

Nature of Case: Conversion

Electronic Data Involved: Customer account statements

ICE Corp. v. Hamilton Sundstrand Corp., 2007 WL 4239453 (D. Kan. Nov. 30, 2007)

Dec 01 2007

Key Insight: Court denied plaintiff’s motion to compel production of “electronic versions of all documents produced in discovery, including metadata,” since plaintiff failed to comply with local procedural requirements for motion and because plaintiff never specified electronic format in original discovery requests but instead merely asked defendants for such production subsequently

Nature of Case: Breach of contract, unjust enrichment, misappropriation of trade secrets

Electronic Data Involved: Electronic versions of all documents produced in discovery, including metadata

Rouse v. II-VI, Inc., 2007 WL 2907935 (W.D. Pa. Oct. 1, 2007)

Dec 01 2007

Key Insight: Among other findings on plaintiff’s motion to compel, court concluded that keyword search performed by defendant was adequate given the circumstances of the case

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Glass v. Beer, 2007 WL 1456059 (E.D. Cal. May 17, 2007)

Dec 01 2007

Key Insight: Where defendants submitted evidence under penalty of perjury explaining reasons why they were able to locate only two of the four requested videotapes despite three searches, and defendant submitted no evidence that defendants had tampered with evidence, that the tape was intentionally destroyed, or that defendants were lying, court denied motion to compel and for sanctions

Nature of Case: State prisoner asserted civil rights claims claiming use of excessive force

Electronic Data Involved: Videotapes

Reino de Espana v. Am. Bureau of Shipping, 2007 WL 210018 (S.D.N.Y. Jan. 25, 2007)

Dec 01 2007

Key Insight: Court denied Spain’s motion to reconsider November 3, 2006 Opinion and Order rejecting the various reasons offered as support

Nature of Case: Litigation brought by the government of Spain arising from shipping casualty and oil spill

Electronic Data Involved: Email

Beardsley v. All Am. Heating, Inc., 2007 WL 869959 (W.D. Wash. Mar. 20, 2007)

Dec 01 2007

Key Insight: Court ordered defendant to answer certain interrogatories regarding customers and projects and to produce “a complete unedited electronic copy of Defendant’s database” which contained the requested information

Nature of Case: Wrongful termination

Electronic Data Involved: Database

Tag:Motion to Compel