Overbroad – Electronic Discovery Law

Huntsman v. Southwest Airlines Co. (N.D. Cal. 2021)

Aug 10 2021

Key Insight: The parties sought clarification on the scope of plaintiff’s discovery seeking documents relating to Southwest’s practices for verifying military leave. Defendant objected to the discovery requests on the basis of relevance, scope and proportionality, but agreed to conduct a phased search of its custodians’ data for responsive documents. The court agreed with defendant that the requests as written were overbroad given that the certified class was focused on an alleged failure to pay for short-term leave and plaintiff was not entitled to all potential USERRA violations. “Southwest’s approach to using keyword searches and technology-assisted review in tandem does not offend the court’s expectation that the parties conduct a reasonable inquiry as required by the rules.”

Nature of Case: Class action under USERRA

Electronic Data Involved: Email

Case Summary

Boegh v. Harless (W.D. Ky. 2021)

May 13 2021

Key Insight: The pro se plaintiff was ordered to produce social media (Facebook) content relating to the events at issue in the amended complaint. Based on his public Facebook posts, plaintiff commented extensively on the case and identified evidence and witnesses. Plaintiff argued that defendants already had the information from the public posts, but the court found there is a strong indication plaintiff was withholding relevant and discoverable evidence that was private in his account.

Nature of Case: Civil rights – personal injury

Electronic Data Involved: Social media

Case Summary

Lamaute v. Power (D.D.C. 2021)

Apr 18 2021

Key Insight: In using the proportionality test, each factor should be examined to balance the needs and rights of both parties and determine an appropriate resolution. When requests are overbroad and not proportional to the needs of the case, the court may limit the scope of the documents a party is required to produce.

Nature of Case: Employment Discrimination, Title VII

Electronic Data Involved: Electronic Documents Generally

Case Summary

Murray v. City of Warren (E.D. Mich. 2020)

Aug 17 2020

Key Insight: The court agreed that plaintiff’s request for “all emails” from three custodians was overly broad and narrowed it to relevant search terms relating to plaintiff’s allegations of harassment. The court also relied on its prior ruling, directing the parties to confer regarding the search terms and if the parties cannot agree on appropriately limited search terms, they will share the cost of retaining an expert to assist them. If they still cannot agree, plaintiff can renew his motion and provide the court with an expert report substantiating his position.

Nature of Case: Employment discrimination

Electronic Data Involved: Email, Personnel files

Case Summary

Tag:Overbroad