Motion to Compel – Page 2

A Search Term Turkey

July 20, 2010 Josh Gilliland Civil Procedure, Electronically Stored Information, ESI, Litigation Hold, Meet & Confer, Motion to Compel

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[…]

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

August 27, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Meet & Confer, Motion to Compel

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[…]

Don’t Argue Imaginary ESI Production Problems

August 19, 2009 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, ethics, Form of Production, Metadata, Motion to Compel, Native File, OCR, TIFF

In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production arguments that illustrate the need to understand the processing abilities of electronically stored information applications and review in litigation support software. The Request for Production In this class certification case, the Plaintiff[…]

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

July 23, 2009 Josh Gilliland Motion to Compel, Request for Production

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.[…]

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[…]

The Plumbing of a Motion to Compel

June 15, 2009 Josh Gilliland Culling, Deposition, Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Litigation Hold, Motion to Compel, Processing, Request for Production

In a product defect case about brass plumbing fittings, the Defendants fought a motion to compel electronically stored information relevant to class certification, because of undue burden and cost. They lost…in large part. In re Zurn Pex Plumbing Prods. Liab. Litig., 2009 U.S. Dist. LEXIS 47636, 1 (D. Minn. June[…]

Follow the Court Order: If You are Ordered to Produce Searchable PDF’s, Don’t Produce TIFFs without Searchable Text

June 12, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Motion to Compel, Request for Production, TIFF

Gamesmanship is the harbinger of bad lawyer reputations. Not obeying Court orders can be the death warrant on how the judge will view you every time you appear in her courtroom. One can imagine how things will go for a party when this is the opening line of an opinion:[…]

Procrastination and Objecting to the Form of Production Don’t Mix

May 22, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Metadata, Motion to Compel, Request for Production, TIFF

It is beyond cavil that this entire problem could have been avoided had there been an explicit agreement between the parties as to production, but as that ship has sailed, it is without question unduly burdensome to a party months after production to require that party to reconstitute their entire[…]