A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you start early enough. Changes to the Federal Rules of Civil Procedure in late 2015 restored proportionality to its original importance…
Garrett v. Univ. of S. Fla. Bd. of Trs. No. 8:17-cv-2874-T-23AAS, 2018 WL 4383054 (M.D. Fla. Sept. 14, 2018) In this Title IX case involving an alleged rape by a third party, the court granted the defendant’s motion to compel in part. It ordered additional discovery...
Henson v. Turn, Inc. No. 15-cv-01497-JSW (LB), 2018 WL 5281629 (N.D. Cal. Oct. 22, 2018).In this data privacy class action, the court denied the defendant’s request to inspect the plaintiffs’ mobile devices. It also denied production of the plaintiffs’ full web...
Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018) In this Family and Medical Leave Act (FMLA) case, the court granted the defendant’s motion to compel in part. It denied any forensic examination of the plaintiff’s devices,...
Satmodo, LLC v. Whenever Commc’ns, LLC, No. 3:17-cv-192-AJB-NLS, 2018 WL 3495832 (S.D. Cal. July 20, 2018). In this case alleging a “click fraud” scheme, the court granted the plaintiff’s motion to compel in part. It ordered the defendant to provide a list of its...
Lyons v. O’Quinn, No. 16-17069, 2018 WL 4031032 (11th Cir. Aug. 23, 2018).In this appeal of a personal injury case, the plaintiff asked the Eleventh Circuit to reverse the district court’s order dismissing his lawsuit as a discovery sanction. The Eleventh Circuit...
City of Rockford v. Mallinckrodt ARD Inc. In this case alleging pharmaceutical price-gouging, the court praised the parties’ cooperation before resolving “an impasse” regarding non-responsive information. The court began this highly entertaining opinion by quoting...
In this trade secret theft case, the magistrate denied the plaintiff’s motion for a forensic inspection of the defendant’s computers.
Defining the extent of discovery for an ediscovery matter Scope describes the extent of discovery that the parties — sometimes with the court’s intervention — agree to produce in a case. Scope is generally defined by Federal Rule of Civil Procedure 26(b)(1). It...
Ramos v. Hopele of Fort Lauderdale, LLC, No. 17-62100-CIV-MORENO/SELTZER, 2018 WL 138188 (S.D. Fla. Mar. 19, 2018). In this proposed class action, the court denied the defendant’s request for a forensic examination of the plaintiff’s cell phone. It concluded that the...