Tag:Motion to Compel

1
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
2
Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)
3
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
4
Hurry Family Revocable Trust, et al. v. Frankel (M.D. Fla. 2020)
5
In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)
6
NY Machinery v. The Korean Cleaners Monthly (D. N.J. 2020)
7
Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)
8
NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)
9
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
10
D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

View Case Opinion

Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

View Case Opinion

Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

View Case Opinion

Hurry Family Revocable Trust, et al. v. Frankel (M.D. Fla. 2020)

Key Insight: Plaintiffs filed a Motion to Compel Production of Documents and Request for Sanctions. The documents sought were specific emails. Opposing the Motion, Defendant argued that it was untimely as it was submitted four months after the discovery deadline, and that the emails sought were not responsive to Plaintiff’s earlier document (discovery) request. The Court denied Plaintiffs’ Motion.

Nature of Case: Intellectual Property, Trade Secrets

Electronic Data Involved: Email

Case Summary

In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)

Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion

Nature of Case: personal injury, property liability

Electronic Data Involved: WTG net worth documentation

Keywords: net worth discovery, abuse of discretion, motion to compel

View Case Opinion

NY Machinery v. The Korean Cleaners Monthly (D. N.J. 2020)

Key Insight: This dispute was over which party was obligated to translate (or pay for the cost of translating) documents that were produced by Defendants (in response to document requests) into English. Plaintiffs filed a Motion to Compel Defendants to translate the documents and/or pay for the cost of translation, The Court denied it, finding that Defendants were neither obligated to translate the documents nor responsible for the cost(s) of translation. However, the court noted in a footnote that a party that produces documents in response to an interrogatory may be required to provide translations.

Nature of Case: Unfair Competition, Defamation

Electronic Data Involved: Documents

Case Summary

Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

View Case Opinion

NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)

Key Insight: who bears the burden of paying for translation of foreign language documents

Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference

Electronic Data Involved: foreign language documents

Keywords: foreign language, translation, machine translation, burden to pay

View Case Opinion

D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims

Nature of Case: Medical malpractice

Electronic Data Involved: Responsive documents

Keywords: Privilege, state law

Identified State Rule(s): K.S.A. section 65-4925(a)

Identified Federal Rule(s): FRCP 26(b)

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.