Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy
Nature of Case: trade secret infringement
Electronic Data Involved: board minutes discussing third-party litigation funding
Keywords: Third-party litigation funding, board minutes, deposition
Key Insight: Retention policy; Summary Judgment; Adverse inference; Spoliation
Nature of Case: Slip and Fall
Electronic Data Involved: ESI; Security video; Correspondence
Keywords: Retention policy; Summary Judgment; Adverse inference; Spoliation; Bad Faith
Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case
Nature of Case: personal injury, Jones Act
Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history
Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”
Key Insight: Boilerplate objections did not allow court to determine and defendants ordered to produce all documents withheld on basis of boilerplate objections.
Nature of Case: Copyright infringement
Electronic Data Involved: Financial Records, Responses to Questions
Keywords: boilerplate objections
Key Insight: Non-party status is significant factor in proportionality analysis, must demonstrate ‘significant expense’ before receiving protection
Nature of Case: Racketeering, Consumer Protection
Electronic Data Involved: Deposition
Keywords: Deposition, transfer, removal, proportionality
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
Key Insight: Defendant claimed reviewing 363,000 emails would be unduly burdensome. Court rules that even the expected responsiveness rate of between 8.3% and 15% meant it would be valuable. Court required defendant to review the emails and denied cost shifting requested by defendant.
Nature of Case: Employment Discrimination
Electronic Data Involved: Email
Keywords: burdensome, responsiveness, proportionality
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