Initial Disclosures – Page 2

Exotic Apples: Solutions in Collecting & Processing Apple ESI

August 15, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Initial Disclosures, Reasonably Accessible, Reasonably Useable Form, Request for Production, Supplemental Disclosures

My friend Charlie Kaupp at Digital Strata brought the following issue to me: There is an increasingly prevalent amount of Apple ESI found in corporate environments, especially among executives, engineering, and marketing groups. Most review platforms do not handle large portions of Apple ESI, including: Mac email (Entourage, Outlook 2011,[…]

A Failure to Make Initial Disclosures

June 13, 2011 Josh Gilliland e-Discovery, Initial Disclosures

The Plaintiffs in Livermore v. Arnold failed to produce their initial disclosures by a Court ordered deadline. The Defendants sought production of the initial disclosures through email correspondence, only to have the Plaintiffs not respond to the disclosure request, but other issues in the email. Other attempts were also unanswered.[…]

A Civil Procedure Car Crash

February 24, 2011 Josh Gilliland Back-up Tape, Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures

A short Civil Procedure Overview: 1) A protective order must correspond to a discovery request; and 2) A motion to compel needs to have an underlying request. In an auto-recall case, the Plaintiff had produced 1.79 million pages of documents in discovery, plus an additional 84,000 pages of documents from[…]

A Judicial Love Bite: Initial Disclosures Mean Initial Disclosures

June 23, 2010 Josh Gilliland Civil Procedure, e-Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures, Supplemental Disclosures

Every now and then, rules with teeth will leave a love bite. This is one of those cases. The Plaintiffs identified 31 documents in their initial disclosures. However, none of these were produced because of a claimed computer crash. Pinkney v. Am. Med. Response, Inc., 2010 U.S. Dist. LEXIS 56465,[…]

If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)

October 30, 2009 Josh Gilliland Deposition, Discovery, Exclusion of Evidence, Initial Disclosures

In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the Defendants’ initial disclosures or produced in discovery. Nance v. Wayne County, 2009 U.S. Dist. LEXIS 96279 (M.D. Tenn.[…]

The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure Rule 37(c)(1)

October 6, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, Exclusion of Evidence, Initial Disclosures, Supplemental Disclosures

Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of Oracle software over approximately six years.” Oracle United States v. Sap Ag, 2009 U.S. Dist. LEXIS 91432 (N.D.[…]

Auto-Exclusion: Undermining Your Own Case with Failed Disclosures

October 1, 2009 Josh Gilliland Discovery, Exclusion of Evidence, Initial Disclosures

Discovery Rules with Teeth Here is a great rule with teeth: If you do not disclose ESI or documents under Federal Rule of Civil Procedure Rule 26(a), they are automatically excluded under Federal Rule of Civil Procedure Rule 37(c)(1). In Melczer v. Unum Life Ins. Co. of Am., 2009 U.S.[…]

Disturbo se if I Don’t Produce Discovery?

September 11, 2009 Josh Gilliland Discovery, Initial Disclosures, Supplemental Disclosures

In Gotlin v. Lederman, 2009 U.S. Dist. LEXIS 78818 (E.D.N.Y. Sept. 1, 2009), the Plaintiff was precluded from using Italian medical records because of a failure to include the records in their initial disclosures. In the words of the Court, the Plaintiff’s attorney “provided virtually no discovery during the[…]

Turning Rule 26(a) Initial Disclosures into Rule 26(e) Supplemental Disclosures

July 31, 2009 Josh Gilliland Discovery, Initial Disclosures, Request for Production, Supplemental Disclosures

What happens if more responsive documents are found after the case management order setting a required disclosure deadline? Answer: You must supplement your disclosure. In Kutrip v. City of St. Louis, 2009 U.S. Dist. LEXIS 60199 (E.D. Mo. June 30, 2009), the deadline for discovery was November 30, 2006 and[…]

Mutually Assured Destruction: Striking Undisclosed ESI and Late Disclosed Witnesses

June 8, 2009 Josh Gilliland Discovery, Electronically Stored Information, Email, ESI, Initial Disclosures, Late Witness Disclosure

Trial practice is an art of managing your discovery, knowing your calendar deadlines and pulling part your opponent’s case by striking their key exhibits with motions in limine. The following motions from Debose v. Broward Health to exclude two of the Plaintiffs’ witnesses and late disclosed Defense email messages sounds like the[…]