Knotty Issues of eDiscovery
A requesting party issued a third party subpoena on the ATF for email messages created between 2000 to 2009. The Court denied the production of the messages on the grounds the emails were not reasonably accessible because of being stored on back-up tapes. The moving party also failed to demonstrate[…]
Read moreThe Plaintiffs in Gaalla v. Citizens Med. Ctr., brought a sanctions motion for alleged spoliation of email stored on back-up tapes. The parties and Court had never discussed the issue of back-up tapes until the Plaintiffs’ spoliation motion. Gaalla v. Citizens Med. Ctr., 2011 U.S. Dist. LEXIS 57317, 2-3 (S.D.[…]
Read moreA 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[…]
Read moreThe Defendants in Johnson v. Neiman sought an order to not produce email messages located on back-up tapes on the basis the electronically stored information was not reasonably accessible. The Court agreed and issued a protective order. Johnson v. Neiman, 2010 U.S. Dist. LEXIS 110496 (E.D. Mo. Oct. 18, 2010).[…]
Read more1987 was an important year: Baby Jessica was saved from a well; Robert Bork was denied a seat on the Supreme Court; and Teenagers across the world played air guitar to Whitesnake’s immortal “Here I Go Again.” It is also the year the Plaintiffs wanted to restore back-up tapes[…]
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