Knotty Issues of eDiscovery
Parties objecting to requests for production cannot simply state the words not “relevant or proportional to the needs of the case,” in the hopes a Judge will sing along like its Purple Rain. Proportionality has to be proven with facts, and lawyers who fail to do so will know what[…]
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A Plaintiff sought from the Defendant the Plaintiff’s entire work email inbox from 2001 to present “in unrestricted and searchable ‘PST’ file format.” Odeh v. City of Baton Rouge E. Baton Rouge (M.D.La. Mar. 29, 2016, No. 14-793-JJB-RLB) 2016 U.S. Dist. LEXIS 41079, at *7-8. In addition to the fact[…]
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There is good news on the new Amendments to the Federal Rules of Civil Procedure: Magistrate Judges are applying proportionality analysis like it is a shiny new toy. Magistrate Judge Tom Baker in Indiana weighed in on expedited discovery in advance of a preliminary injunction hearing. Southeast Fin. Credit Union[…]
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Magistrate Judge Howard Lloyd engaged in very granular analysis of discovery requests for email messages in a wage and hour case. This type or analysis is a mainstay in many motions over discovery requests, but likely will be more common as Federal Courts conduct proportionality analysis. The Court first summarized[…]
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Proportionality analysis is making its way into judicial opinions with outright citing the Federal Rules of Civil Procedure. US District Court Judge Robert Bryan in Washington limited additional searches of email based on proportionality and overbroad search requests. Moore v. Lowe’s Home Ctrs., LLC (W.D.Wash. Feb. 19, 2016, No. 14-1459[…]
Read moreThe new Federal Rules of Civil Procedure are not as exciting as Star Wars The Force Awakens, but there differently has been an awakening on proportionality. There are those who fear eDiscovery, thus feel the new Rule 26 empowers them to object to every request for production on the grounds[…]
Read moreThe Plaintiffs and Defendants in a SEC case highlight the importance of proportionality between asymmetrical parties. In such cases, one side has all of the electronically stored information for discovery requests; the other side does all the requesting. However, the smaller party can have an extremely high burden reviewing any[…]
Read moreA 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 moreMagistrate 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:[…]
Read moreProportionality and costs are not a great argument when you are complaining about your own databases. Webb v. Ethicon Endo-Surgery, Inc., is a product liability case over a surgical stapler that misfired during a surgery, resulting in complications to the Plaintiff’s recovery. Webb v. Ethicon Endo-Surgery, Inc., 2015 U.S. Dist. LEXIS[…]
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