No Request, No Motion to Compel

The Plaintiff in ADT Sec. Servs. v. Pinancle Sec., LLC, objected to a Magistrate Judge’s denial to a motion to compel to redo the Defendant’s search for responsive ESI. The Plaintiff’s argued the Defendants failed to search individual employee computers and back-up tapes. Additionally, the Plaintiff’s highlighted a considerable disparity[…]

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A Search Term Turkey

In a Fair Labor Standards Case against Butterball, the Plaintiffs claimed the Defendants’ ESI production was incomplete.  The Defendants in turn claimed that the “burden” of producing the discovery was burdensome, justifying cost shifting.  Helmert, et al., v. Butterball, LLC, 2010 U.S. Dist. Lexis 60777 (May 27, 2010).  While that[…]

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Don’t Bank on this Strategy to Compel Electronically Stored Information

The Court finds the parties could have avoided the expenses of this Motion by conferring appropriately early in the case about ESI. United States Magistrate Judge Michael R. Merz, Wells Fargo Bank, N.A. v. LaSalle Bank Nat’l Ass’n, 2009 U.S. Dist. LEXIS 70514 (S.D. Ohio July 24, 2009). Banks really[…]

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When You Have Over 100 “Any and All” Requests for Production, Don’t Complain About Lots of Documents to Review

When, as here, broad discovery requests lead to relevant documents being mixed in with seemingly irrelevant documents, the fault lies just as much with the party who made the request as with the party who produced documents in response to the request. District Court Judge Ted Stewart, Cmty. House, Inc. v.[…]

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