Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.
Nature of Case: Compensation and non-solicitation pacts
Electronic Data Involved: Production Format
Keywords: Format of production, native files
Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.
Nature of Case: lease termination by law enforcement
Electronic Data Involved: text messages
Keywords: release of records, written authorization
Key Insight: motion to compel lacking proper analysis denied, but responding party’s objections also sicken
Nature of Case: FCRA
Electronic Data Involved: emails and business records
Keywords: general objection,
Key Insight: Social media is narrowly discoverable as it pertains to the issue
Nature of Case: Injuries and Damages suit
Electronic Data Involved: Social Media
Keywords: Social media
Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations
Nature of Case: Personal injury
Electronic Data Involved: social media photographs, social media private access
Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.
Nature of Case: Patent Infringement
Electronic Data Involved: Stubbed E-mail Attachments
Keywords: Restoration, undue burden, bad faith, cost shifting
Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.
Nature of Case: Civil Rights – Wrongful Conviction
Electronic Data Involved: Various ESI
Keywords: Organization; usual course of business; metadata or identifying information
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