Hard to Decide Discovery Disputes on Proportionality if No One Knows the Value of the Case

Magistrate Judge Paul Grewal ordered the supplemental production of damages information in a patent case based on proportionality and supplemental disclosures. Corning Optical Communs. Wireless v. Solid, Inc., 2015 U.S. Dist. LEXIS 49069, 5-8 (N.D. Cal. April 14, 2015). This is a unique argument that makes a lot of sense:[…]

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Exotic Apples: Solutions in Collecting & Processing Apple ESI

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,[…]

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A Judicial Love Bite: Initial Disclosures Mean Initial 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,[…]

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

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.[…]

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Turning Rule 26(a) Initial Disclosures into Rule 26(e) 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[…]

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