Tag:Motion to Compel

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United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)
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In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)
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Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)
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Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)
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In re Livent, Inc. Noteholders Sec. Litig., 2003 WL 23254 (S.D.N.Y. Jan. 2, 2003)
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Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)
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In re Verisign, Inc. Sec. Litig., 2004 WL 2445243 (N.D. Cal. Mar. 10, 2004)
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Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)
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Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)
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Long Term Capital Holdings v. United States, 2003 WL 21518555 (D. Conn. May 15, 2003)

United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)

Key Insight: Parties agreed to narrow the scope of archived email search, both in terms of the number of employees whose email was to be produced and the number of days per month for which that email was to be produced; defendants to bear cost of production ($130,000) initially, but court reserved decision about who ultimately would bear cost; court denied plaintiff’s request that defendant make its production available on CD-ROM

Nature of Case: Antitrust

Electronic Data Involved: Archived email

In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)

Key Insight: Where there were gaps in plaintiff’s production of email, administrative law judge granted motion to compel production of email from plaintiff’s backup tapes but ordered parties to share the costs of such production

Nature of Case: Case before the U.S. International Trade Commission

Electronic Data Involved: Email

Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)

Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence

Nature of Case: Patent infringement

Electronic Data Involved: Hard drives, servers, databases, email and electronic data

Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)

Key Insight: Magistrate’s order granting plaintiff’s motion to compel discovery and awarding attorneys’ fees upheld; employer required to provide available data and also respond by stating the steps taken to obtain non-work related internet sites accessed during the dates requested, including detailed explanation of efforts to obtain information and reasons its efforts were not successful if it was unable to obtain the data to fully respond to interrogatory

Nature of Case: Employment discrimination

Electronic Data Involved: Information re all non-work related internet sites accessed on certain of employer’s computers during relevant period

In re Livent, Inc. Noteholders Sec. Litig., 2003 WL 23254 (S.D.N.Y. Jan. 2, 2003)

Key Insight: After defendant accounting firm produced only 25 pages of email from one custodian plus 14 emails from other employees, and plaintiffs voiced suspicions that production was incomplete, court directed defendant to fax to plaintiffs a written explanation of all the steps taken to find responsive emails; as to any further steps, court directed parties to read Magistrate Judge Francis’ opinion in Rowe Entertainment, then meet and confer re eight Rowe factors

Nature of Case: Securities litigation

Electronic Data Involved: Email

Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)

Key Insight: Court rejected insurers’ contentions that requested discovery was impossible insofar as they were grounded in the particular manner in which defendants maintain their records and computer systems; cost of discovery to be borne by insurers, but plaintiffs to pay costs of copying documents selected

Nature of Case: Declaratory judgment re insurance coverage

Electronic Data Involved: Insurance information from claim files

Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)

Key Insight: Where defendant resisted production of technical specifications in electronic form because material had already been produced at great expense in hard copy form, magistrate ruled that defendant must allow plaintiff’s expert to view material in electronic form at defendant’s facility during regular business hours under and such further terms and conditions as the parties agree

Nature of Case: Patent infringement

Electronic Data Involved: Technical specifications

Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)

Key Insight: Where evidence showed there was no feasible and economic electronic means by which certain data could be produced, court ruled that, to the extent defendants intended to introduce evidence related to such data at trial, defendants would be required to produce all such evidence, documentary, electronic or otherwise, upon which they intend to rely

Nature of Case: Class action

Electronic Data Involved: Information regarding damages, offsets and class member eligibility

Long Term Capital Holdings v. United States, 2003 WL 21518555 (D. Conn. May 15, 2003)

Key Insight: Court denied government’s motion to compel production of opposing party’s rebuttal expert’s proprietary database since rebuttal expert report complied with Fed. R. Civ. P. 26(a)(2)(B) and no further disclosures were warranted

Nature of Case: Taxpayer petition for readjustment

Electronic Data Involved: Proprietary database maintained by taxpayer’s rebuttal expert

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