Discovery – Page 6 – Bow Tie Law

Get Out the Check Book for Translating ESI into a Reasonably Usable Form in California

August 21, 2009 Josh Gilliland California Electronic Discovery Act, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Accessible, Reasonably Useable Form

California Code of Civil Procedure 2031.280(e) states, in relevant part: If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. California Code of Civil Procedure 2031.280(e) might give anyone used to[…]

Rock Opera Discovery of Archived ESI

August 17, 2009 Josh Gilliland Discovery, Electronically Stored Information, ESI, Form of Production, Meet & Confer, Reasonably Accessible, Request for Production

In re In re Operadora DB Mex., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), is the story of an international legal dispute, arbitration and the Hard Rock Café. While all of that makes for an exciting feature act, we will rock out to the electronic discovery issues. The[…]

Attorney Client Text Messages or Texting & Depositions Don’t Mix

August 10, 2009 Josh Gilliland Attorney Client Privilege, Discovery, ethics, Text Messages

A child was injured at an Old Navy store (a subsidiary of the Gap) on a clothing rack, and naturally, a lawsuit followed in Federal Court based on Diversity Jurisdiction. Wei Ngai v. Old Navy, 2009 U.S. Dist. LEXIS 67117 (D.N.J. July 31, 2009). The Plaintiffs deposed the Gap’s General[…]

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[…]

Telling the Judge ESI is “Expensive” is not an Excuse for Failing to Produce

July 20, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Request for Production

It is generally a bad sign when an opinion begins with a Court banning parties from filing more discovery motions without the Court’s approval. This is one of those cases. Textron Fin. Corp. v. Eddy’s Trailer Sales, Inc., 2009 U.S. Dist. LEXIS 60065 (E.D.N.Y. July 10, 2009). One of the[…]

Swimming in the Deep End: Treading Water in e-Discovery Cases

July 14, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, OCR, Request for Production

This motion centers on electronic discovery. The proper handling of electronic discovery is a new and developing area of law practice. The Federal Rules first addressed electronic discovery in 2006 and the Local Rules of this court have yet to provide any guidance on electronic discovery. Therefore, the court appreciates[…]

Keep on Trucking: Data Productions or Summaries

July 13, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production

The Plaintiffs in Flying J, Inc. v. Pilot Travel Ctrs. LLC brought a motion to compel discovery request for data pertaining to trucker fuel card transactions and for the producing party to create a separate monthly report. Flying J, Inc. v. Pilot Travel Ctrs. LLC, 2009 U.S. Dist. LEXIS 55283,[…]

What Should be the Ordinary Course of Business: Reviewing ESI in Litigation Support Software

July 7, 2009 Josh Gilliland CT Summation, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Metadata, Motion to Compel, Request for Production

The Defendants in Valeo Elec. Sys. v. Cleveland Die & Mfg. Co., brought a motion to compel the Plaintiffs to organize their electronically stored information production into 28 specific categories to match the Defendants’ discovery requests. The Defense motion was denied. Valeo Elec. Sys. v. Cleveland Die & Mfg. Co.,[…]

Coffee, Donuts and a Meet & Confer on Electronically Stored Information

July 6, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Motion to Compel, Request for Production, Search Terms

Dunkin’ Donuts sued to terminate a franchise agreement on the basis the Defendants breached their contract by erroneously reporting employee wages on an IRS W-2 Form and trademark infringement. Dunkin’ Donuts Franchised Rests. LLC v. Grand Cent. Donuts, Inc., 2009 U.S. Dist. LEXIS 52261, 4-5 (E.D.N.Y. June 19, 2009). The[…]

Request for Production: Any and All Documents in the Past 46 Years Supporting the Overthrow of a Communist Government

June 22, 2009 Josh Gilliland Criminal Procedure, Discovery, Neutrality Act, Request for Production

Sometimes there is a case that is just too unique to pass up. This is one of those cases. The Defendants in a criminal case were charged in a conspiracy to ship weapons to Laos to overthrow the Communist Government. United States v. Jack, 2009 U.S. Dist. LEXIS 43120, 2-3[…]