Motion to Compel – Page 68 – Electronic Discovery Law

Barnes v. District of Columbia, —F. Supp. 2d —, 2012 WL 4101943 (D.D.C. Sept. 19, 2012)

Dec 01 2012

Key Insight: Where plaintiffs discovered, late in the discovery time period, that defendant?s database production was incomplete but defendant claimed plaintiffs were merely using the wrong query?a query that defendant had not yet produced?the court ordered that defendant produce the relevant query and left open plaintiffs? option to re-file its motion to compel production of additional data if, upon conducting its analysis with the proper query, it nonetheless determined (and could successfully show) that relevant data was missing

Nature of Case: Civil rights claims related to overdetention and strip searching of inmates

Electronic Data Involved: Database content, relevant database query

In re Porsche Cars N. Am., Inc., No. 2:11-md-2233, 2012 WL 4361430 (S.D. Ohio Sept. 25, 2012)

Dec 01 2012

Key Insight: Court addressed a number of discovery issues related to Plaintiffs? motion to compel production and, among other things: 1) ordered production of the parameters of Defendants? searches where evidence indicated the possibility that Defendants made unilateral decisions to limit their search/production, where the parties disputed the meaning of certain search terms, and where the dearth of emails produced ?weighed in favor? of disclosing the search efforts; and 2) ordered defense counsel to certify that they had completed a reasonable inquiry and provided examples of the sort of information that should be included in such a certification

Nature of Case: Product Liability

Electronic Data Involved: ESI; search parameters; certification of reasonable inquiry

Reid v. Ingerman Smith, LLP, No. CV 2012-0307(ILG)(MDG), 2012 WL 6720752 (E.D.N.Y. Dec. 27, 2012)

Dec 01 2012

Key Insight: Finding that Plaintiffs? social media content could be relevant to her claims, court ordered photos, communications and posts since January 2008 be produced to Plaintiff?s counsel for review and that relevant portions be produced in accordance with the court?s specific instructions (e.g., photos posted by third parties may be subject to production if relevant, posts and communications by third parties are relevant to the extent they contain observations of the plaintiff, etc.)

Nature of Case: Sexual harassment

Electronic Data Involved: Social media (e.g., Facebook)

FDIC v. Appleton, No. CV-11-476-JAK (PLAx), 2014 WL 10245383 (C.D. Cal. Nov. 29, 2012)

Dec 01 2012

Key Insight: Where plaintiff produced Relativity database with some 700,000 documents culled from its main server using search terms, and defendants complained there was no apparent logic to database and they could not tell what documents were responsive to what requests, court sided with defendants and ordered plaintiff to create files in Relativity into which it would place documents responsive to each particular request

Nature of Case: Receiver brought action against former officers and directors of failed bank