Motion to Compel – Page 4

Discovery from 3rd Party Vendors

August 3, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Request for Production

A company outsourcing payroll, human resources and other business services to third parties is standard operating procedure today. However, what happens when there are discovery requests for a party’s business information hosted by a third-party? Such discovery requests caused a court to play butcher to carve out the discovery obligations[…]

No Request, No Motion to Compel

July 26, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Motion to Compel, Search Terms

The Plaintiff in ADT Sec. Servs. v. Pinancle Sec., LLC, objected to a Magistrate Judge’s denial to a motion to compel to redo the Defendant’s search for responsive ESI. The Plaintiff’s argued the Defendants failed to search individual employee computers and back-up tapes. Additionally, the Plaintiff’s highlighted a considerable disparity[…]

eDiscovery Does Not Mean Esoteric Discovery

June 16, 2012 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, ethics, Reasonably Accessible, Undue Burden

News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence, including an email server; Failed to produce responsive documents in discovery due to the above failure; and Failed to run appropriate ESI searches[…]

Reasonable Particularity in Requesting ESI

August 29, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI

In an age discrimination suit, a Plaintiff’s motion to compel discovery was denied by a Magistrate Judge on the grounds the requests were overboard. The Plaintiff challenged Magistrate’s order. The District Court found the requests were also overboard. Doubt v. NCR Corp., 2011 U.S. Dist. LEXIS 95518, 11-12 (N.D. Cal.[…]

Arguing $2,630 is Undue Burden to Search ESI

August 24, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B). Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

Undue Burden Arguments Must Be Specific, Not Speculative

March 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

Seger v. Ernest-Spencer Metals is the story of an industrial accident where the Plaintiff suffered serious bodily injury. In the ensuing discovery battle, the Producing Party claimed the electronically stored information was from sources that were not reasonably accessible due to undue burden. Seger v. Ernest-Spencer Metals, 2010 U.S. Dist. LEXIS[…]

The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

January 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Foreign Discovery, Form of Production, Native File, Reasonably Useable Form, Request for Production

“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]

New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”

November 30, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Request for Production

In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]

Boarding a Flight with Foreign Based Discovery for the Holidays

November 25, 2009 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, Foreign Discovery

In the spirit of holiday travel, the Plaintiffs in Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009) brought a motion to compel discovery regarding tickets purchased in South Korea to show price fixing. As quickly as you can say “What’s your clearance,[…]

Speedy Delivery: Compelling Imaging & Searching of Everything

October 15, 2009 Josh Gilliland Discovery, Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Imaging Hard Drives, Request for Production, Search Terms

In a contract dispute regarding a shipping vendor, the Plaintiff brought a motion to compel the collection and processing of the entire contents of Defendants’ hard drives, network drives, and user files. Unishippers Global Logistics, LLC v. DHL Express (USA), Inc., 2009 U.S. Dist. LEXIS 94844 (D. Utah Oct. 12,[…]