motion to compel
Moving party unable to establish prejudice or intent to deprive without spoliated evidence
In this case, the court found that the defendants spoliated evidence but denied sanctions, finding neither prejudice nor an intent to deprive.
Under Rule 34, production that is not ‘naturally organized’ must be labeled
The court granted a motion to compel, finding that disorganized ESI did not satisfy FRCP 34; it ordered amendment of all non-conforming productions.
Court refuses to allow Equifax to ‘frustrate discovery’ by creating inaccessible database
In this FCRA case, the court granted a motion to compel in part and narrowed the scope of discovery, but held that some information was…
Production of emails in PDF format violates Rule 34 and the court’s order
Despite being ordered to comply with FRCP 34, the plaintiffs continued to produce emails in PDF rather than native format, leading to sanctions.
Native-format production appropriate under Rule 34 and parties’ agreement
The court compelled production of files in native format, citing Rule 34, the parties’ agreement, and the potential relevance of native-format files.
Medical Records Proportional Ediscovery In ADA Claim
The plaintiff argued his medical records weren’t relevant; the court held that he “placed his mental condition at issue” by asserting an ADA claim.