proportionality
Court denies disproportionate and intrusive forensic examination of cell phone
In this TCPA claim, the court denied a forensic examination of the plaintiff’s cell phone, finding that no relevant evidence would be discovered.
Negligent Spoliation Inadequate For Dismissal
In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
Court Denies Spoliation Sanctions
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
Further Discovery Not Relevant Nor Proportional
After “substantial” discovery, the court denied plaintiffs’ motion to compel information about Simply Orange juice as irrelevant and disproportional.
Court Denies Motion to Compel All-Employee Email as Disproportionate
The court denied a motion to compel as disproportionate and unduly burdensome, as it failed to establish that earlier searches were unreasonable.
CEO’s Documents Found Proportional to Multimillion-Dollar Complaint
In this antitrust claim, the court ordered the plaintiff’s CEO to produce discovery records, documents and data for litigation.
