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Scope of Discovery
United States v. Benford, 2010 U.S. Dist. LEXIS 29453 (N.D. Ind. Mar. 26, 2010).
A defendant charged with making false statements to a grand jury "had no legitimate expectation of privacy in records held by a third-party cell phone company identifying which cell phone towers communicated with defendant's cell phone at particular points in the past."
A defendant charged with making false statements to a grand jury "had no legitimate expectation of privacy in records held by a third-party cell phone company identifying which cell phone towers communicated with defendant's cell phone at particular points in the past."
Hodczak v. Latrobe Specialty Steel Co., 2010 U.S. Dist. LEXIS 21267 (W.D. Pa. Mar. 9, 2010).
A magistrate judge did not abuse her discretion when she denied plaintiffs' motion to compel the discovery of a hard drive and a digital camera and memory stick. Electronic discovery from defendant managed by the magistrate judge already included a search of over 400,000 email messages of more than 200 of defendant's employees using a search protocol suggested by plaintiffs.
A magistrate judge did not abuse her discretion when she denied plaintiffs' motion to compel the discovery of a hard drive and a digital camera and memory stick. Electronic discovery from defendant managed by the magistrate judge already included a search of over 400,000 email messages of more than 200 of defendant's employees using a search protocol suggested by plaintiffs.
JFA Inc. v. Docman Corp., 2010 N.Y. Misc. LEXIS 2397 (N.Y. Sup. Ct. Feb. 22, 2010)
While inclined to allow plaintiff to make mirror images of defendants' computer hard drives, the court did not order mirror image bit stream backups of defendants' smart phones. Plaintiff had not shown that the smart phones would contain the programming information that plaintiff wanted defendants to preserve.
While inclined to allow plaintiff to make mirror images of defendants' computer hard drives, the court did not order mirror image bit stream backups of defendants' smart phones. Plaintiff had not shown that the smart phones would contain the programming information that plaintiff wanted defendants to preserve.
AccessData Corp. v. ALSTE Technologies GmbH, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010).
A German company was ordered to produce information relating to its customers and their employees. A German blocking statute did not bar discovery of personal information needed to establish or defend against a legal claim, and compliance with the Hague Convention was not required given the "relatively minimal" costs of transmitting electronic documents. The court also ordered the German company to produce its electronic documents in native format or electronically-generated PDF format.
A German company was ordered to produce information relating to its customers and their employees. A German blocking statute did not bar discovery of personal information needed to establish or defend against a legal claim, and compliance with the Hague Convention was not required given the "relatively minimal" costs of transmitting electronic documents. The court also ordered the German company to produce its electronic documents in native format or electronically-generated PDF format.
United States v. Williams, 2010 U.S. App. LEXIS 1327 (4th Cir. Jan. 21, 2010).
A warrant for search and seizure of computer systems and digital media for evidence of the crime of harassment by computer allowed seizure of a DVD with child pornography under the plain view doctrine. The court of appeals "accepted that a computer search must, by implication, authorize at least a cursory review of each file on the computer."
A warrant for search and seizure of computer systems and digital media for evidence of the crime of harassment by computer allowed seizure of a DVD with child pornography under the plain view doctrine. The court of appeals "accepted that a computer search must, by implication, authorize at least a cursory review of each file on the computer."
Building Erection Services Co., L.C. v. American Buildings Co., 2010 U.S. Dist. LEXIS 2625 (D. Kan. Jan. 13, 2010).
Counsel for parties who could not agree on deposition dates were directed to read the Sedona Conference Cooperation Proclamation and to confer in good faith on dates and times of depositions before sending out notices.
Counsel for parties who could not agree on deposition dates were directed to read the Sedona Conference Cooperation Proclamation and to confer in good faith on dates and times of depositions before sending out notices.
Widevine Technologies, Inc. v. Verimatrix, Inc., 2009 U.S. Dist. LEXIS 115264 (E.D. Tex. Dec. 10, 2009).
Plaintiff did not have to supplement its production of documents with post-complaint email because the parties had stipulated to production of pre-complaint documents only and courts generally upheld stipulations pursuant to Fed. R. Civ. P. 29 to limit discovery.
Plaintiff did not have to supplement its production of documents with post-complaint email because the parties had stipulated to production of pre-complaint documents only and courts generally upheld stipulations pursuant to Fed. R. Civ. P. 29 to limit discovery.
Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009).
The parties in an antitrust action were ordered to meet and confer on custodians, search terms, and other methods of reducing the volume of electronically stored information to be searched and produced by defendant South Korean companies.
The parties in an antitrust action were ordered to meet and confer on custodians, search terms, and other methods of reducing the volume of electronically stored information to be searched and produced by defendant South Korean companies.
Ramos v. U.S. Bank National Association, 2009 U.S. Dist. LEXIS 107239 (D. Or. Nov. 17, 2009).
Defendant's production of just one year of timesheets for two of its locations in a purported class action alleging use of timesheets with a formula that only rounded down was inadequate. Timesheets for other years within the statute of limitations were clearly material to the issue of class certification.
Defendant's production of just one year of timesheets for two of its locations in a purported class action alleging use of timesheets with a formula that only rounded down was inadequate. Timesheets for other years within the statute of limitations were clearly material to the issue of class certification.
Sturgen v. Jones Retail Corp., 2009 U.S. Dist. LEXIS 106781 (S.D. Cal. Nov. 13, 2009).
A magistrate judge in a federal class action properly ordered discovery to proceed on issues unrelated to issues that were about to be resolved in state court appeals. The magistrate's order was issued in the interest of "helping foster the case for possible settlement discussions" by moving a portion of the matter forward.
A magistrate judge in a federal class action properly ordered discovery to proceed on issues unrelated to issues that were about to be resolved in state court appeals. The magistrate's order was issued in the interest of "helping foster the case for possible settlement discussions" by moving a portion of the matter forward.
In re Weekley Homes, L.P., 2009 Tex. LEXIS 630 (Tex. 2009).
After holding that a trial court abused its discretion in ordering defendant's employees to turn over their computers for imaging and forensic examination, the Texas Supreme Court issued a specific description of the procedure to be followed in Texas for the discovery of electronic information.
After holding that a trial court abused its discretion in ordering defendant's employees to turn over their computers for imaging and forensic examination, the Texas Supreme Court issued a specific description of the procedure to be followed in Texas for the discovery of electronic information.
Bellinger v. Astrue, 2009 U.S. Dist. LEXIS 71727 (E.D.N.Y. Aug. 13, 2009).
Plaintiff's motion to compel answers to interrogatories concerning the scope of defendant's litigation hold and search for electronically stored information was denied because plaintiff's belief that additional email should exist was an insufficient basis for concluding that defendant had withheld production.
Plaintiff's motion to compel answers to interrogatories concerning the scope of defendant's litigation hold and search for electronically stored information was denied because plaintiff's belief that additional email should exist was an insufficient basis for concluding that defendant had withheld production.
Epixtar Corp. v. McClain & Co., L.C. (In re Epixtar Corp.), 2009 Bankr. LEXIS 2271 (Bankr. S.D. Fla. Aug. 13, 2009).
A debtor's motion to bifurcate discovery between liability and damages was granted because the debtor could "ill-afford" the costs of expensive damages discovery particularly when liability was not a "certainty."
A debtor's motion to bifurcate discovery between liability and damages was granted because the debtor could "ill-afford" the costs of expensive damages discovery particularly when liability was not a "certainty."
Moore v. Napolitano, 2009 U.S. Dist. LEXIS 69319 (D.D.C. Aug. 7, 2009).
A magistrate's rejection of a claim of undue burden by the Department of Homeland Security was not clearly erroneous even if plaintiffs' broad discovery request would require a search using all possible keywords of sources where it was clear no responsive documents existed. The magistrate's rejection was coupled with directions to the parties to meet and confer, and plaintiffs had agreed to work with defendant to develop narrow search parameters.
A magistrate's rejection of a claim of undue burden by the Department of Homeland Security was not clearly erroneous even if plaintiffs' broad discovery request would require a search using all possible keywords of sources where it was clear no responsive documents existed. The magistrate's rejection was coupled with directions to the parties to meet and confer, and plaintiffs had agreed to work with defendant to develop narrow search parameters.
Dunkin' Donuts Franchised Restaurants LLC v. Grand Central Donuts, Inc., 2009 U.S. Dist. LEXIS 52261 (E.D.N.Y. June 19, 2009).
Defendants were ordered to narrow their discovery requests by providing plaintiff with a list of plaintiff's employees whose email would be searched using specific search terms for each employee depending on the employee's likely involvement with the issues in the litigation.
Defendants were ordered to narrow their discovery requests by providing plaintiff with a list of plaintiff's employees whose email would be searched using specific search terms for each employee depending on the employee's likely involvement with the issues in the litigation.
Henderson v. United States Bank, N.A., 2009 U.S. Dist. LEXIS 40968 (E.D. Wis. Apr. 29, 2009).
Defendant’s motion to compel plaintiff’s production of all his computers, electronic storage devices, and all passwords to access the computers and devices so that defendant could make and search mirror images was denied. Under Fed. R. Civ. P. 34(a), the responding party was allowed to search his own records to produce material responsive to specific requests from the requesting party.
Defendant’s motion to compel plaintiff’s production of all his computers, electronic storage devices, and all passwords to access the computers and devices so that defendant could make and search mirror images was denied. Under Fed. R. Civ. P. 34(a), the responding party was allowed to search his own records to produce material responsive to specific requests from the requesting party.
Wuopio v. Brandon Board of Education, 2009 U.S. Dist. LEXIS 30215 (E.D. Mich. Apr. 9, 2009).
Plaintiff’s emergency motion for an extension of time to complete discovery before responding to defendants’ summary judgment motion was granted only to the extent of allowing 12 days to respond. Defendants had met a court order compelling production when they stated that a search of their computer systems found no responsive email, and there thus was no outstanding discovery that would prevent plaintiff from responding to the summary judgment motion.
Plaintiff’s emergency motion for an extension of time to complete discovery before responding to defendants’ summary judgment motion was granted only to the extent of allowing 12 days to respond. Defendants had met a court order compelling production when they stated that a search of their computer systems found no responsive email, and there thus was no outstanding discovery that would prevent plaintiff from responding to the summary judgment motion.
New Hampshire Ball Bearings, Inc. v. Jackson, 2009 N.H. LEXIS 29 (N.H. Mar. 18, 2009).
The New Hampshire Supreme Court found that limitations of federal courts on forensic imaging of hard drives were “sensible and persuasive.” It held that a trial court acted within its discretion in limiting plaintiff’s request to image servers and all 250 employee computers at defendant’s facility to imaging of backup tapes and servers and 35 employee computers.
The New Hampshire Supreme Court found that limitations of federal courts on forensic imaging of hard drives were “sensible and persuasive.” It held that a trial court acted within its discretion in limiting plaintiff’s request to image servers and all 250 employee computers at defendant’s facility to imaging of backup tapes and servers and 35 employee computers.
Grand River Enterprises Six Nations, Ltd. v. King, 2009 U.S. Dist. LEXIS 12940 (S.D.N.Y. Feb. 9, 2009).
Cigarette manufacturer defendants in private litigation did not have to produce commercially sensitive data compiled at high cost for submission to the government. The partial relevance of the data to one of plaintiff’s claims was outweighed by the manufacturers’ strong interest in protecting the materials.
Cigarette manufacturer defendants in private litigation did not have to produce commercially sensitive data compiled at high cost for submission to the government. The partial relevance of the data to one of plaintiff’s claims was outweighed by the manufacturers’ strong interest in protecting the materials.
Lapin v. Goldman, Sachs & Co., 2009 U.S. Dist. LEXIS 9140 (S.D.N.Y. Jan. 20, 2009).
Plaintiff was not limited in discovery to review of relevant documents among documents provided by defendants to government regulators assuming plaintiff could articulate why he needed to study more documents than government regulators studied.
Plaintiff was not limited in discovery to review of relevant documents among documents provided by defendants to government regulators assuming plaintiff could articulate why he needed to study more documents than government regulators studied.
Hansen v. Coleman School District, 2009 U.S. Dist. LEXIS 4088 (E.D. Wis. Jan. 9, 2009).
A request for production of all email referring to plaintiff during her employment with defendant was overbroad because it sought email from before the time of events alleged in the complaint.
A request for production of all email referring to plaintiff during her employment with defendant was overbroad because it sought email from before the time of events alleged in the complaint.
In re Application of Fischer Advanced Composite Components AG, 2008 U.S. Dist. LEXIS 103220 (W.D. Wash. Dec. 11, 2008).
A U.S. district court denied the motion of a plaintiff in United Kingdom litigation for an order requiring the U.S. acquirer of the U.K. defendant to produce email between the U.S. company and the U.K. defendant. The U.K. plaintiff failed to show why the email could not be obtained through discovery from the U.K. defendant in the U.K. proceeding, and the discovery thus was unduly burdensome.
A U.S. district court denied the motion of a plaintiff in United Kingdom litigation for an order requiring the U.S. acquirer of the U.K. defendant to produce email between the U.S. company and the U.K. defendant. The U.K. plaintiff failed to show why the email could not be obtained through discovery from the U.K. defendant in the U.K. proceeding, and the discovery thus was unduly burdensome.
Cantrell v. Cameron, 2008 Colo. LEXIS 997 (Colo. Nov. 3, 2008).
The Colorado Supreme Court ordered the trial court in a negligence action to enter a protective order limiting the scope of inspection of a personal laptop computer in order to balance the truth-seeking purpose of discovery with privacy interests.
The Colorado Supreme Court ordered the trial court in a negligence action to enter a protective order limiting the scope of inspection of a personal laptop computer in order to balance the truth-seeking purpose of discovery with privacy interests.
Ross v. Abercrombie & Fitch Co., 2008 U.S. Dist. LEXIS 87039 (S.D. Ohio Oct. 27, 2008).
Plaintiff’s request for an order requiring defendant to produce 95,000 documents in addition to over a million documents already produced was denied. Plaintiff had not shown that the cost to review and produce more documents was outweighed by the likely relevance of the additional documents to key issues in the case.
Plaintiff’s request for an order requiring defendant to produce 95,000 documents in addition to over a million documents already produced was denied. Plaintiff had not shown that the cost to review and produce more documents was outweighed by the likely relevance of the additional documents to key issues in the case.
Motise v. Parrish, 2008 U.S. App. LEXIS 22322 (3d Cir. Oct. 23, 2008).
A court of appeals affirmed summary judgment against a medical student and denial of his request for access to computers in a student computer lab. The student failed to explain how information on the computers related to his claims or did not duplicate information already produced.
A court of appeals affirmed summary judgment against a medical student and denial of his request for access to computers in a student computer lab. The student failed to explain how information on the computers related to his claims or did not duplicate information already produced.
Allcare Dental Mgmt., LLC v. Zrinyi, 2008 U.S. Dist. LEXIS 84015 (D. Idaho Oct. 20, 2008).
Plaintiff’s request for expedited discovery before the mandatory Fed. R. Civ. P. 26(d)(1) pre-discovery conference was granted to allow the mirror imaging of computer hard drives of defendants who plaintiffs suggested had evaded service in other matters.
Plaintiff’s request for expedited discovery before the mandatory Fed. R. Civ. P. 26(d)(1) pre-discovery conference was granted to allow the mirror imaging of computer hard drives of defendants who plaintiffs suggested had evaded service in other matters.
Mancia v. Mayflower Textile Servs Co., 2008 U.S. Dist. LEXIS 83740 (D. Md. Oct. 15, 2008).
Before proceeding further on a discovery dispute, the court ordered the parties to meet while keeping in mind the statement in Fed. R. Civ. P. 26(g)(1)(B)(iii) that discovery must be proportional to what is at stake in the litigation.
Before proceeding further on a discovery dispute, the court ordered the parties to meet while keeping in mind the statement in Fed. R. Civ. P. 26(g)(1)(B)(iii) that discovery must be proportional to what is at stake in the litigation.
Advanced Cable Ties, Inc. v. Hewes, 2008 Mass. Super. LEXIS 350 (Mass. Super. Ct. Oct. 3, 2008).
Although electronic documents generally were discoverable, the court would not permit plaintiff to inspect defendant’s personal computers unless plaintiff could present a convincing argument that the computers contained relevant information that could not be obtained by less intrusive means.
Although electronic documents generally were discoverable, the court would not permit plaintiff to inspect defendant’s personal computers unless plaintiff could present a convincing argument that the computers contained relevant information that could not be obtained by less intrusive means.
United States v. Zavala, 2008 U.S. App. LEXIS 18132 (5th Cir. Tex. Aug. 22, 2008).
Defendant’s drug distribution conviction was reversed because he did not consent to a search of numbers on his cell phone after his car was pulled over by police. The warrantless search of the cell phone, which the court compared to a personal computer, violated the Fourth Amendment.
Defendant’s drug distribution conviction was reversed because he did not consent to a search of numbers on his cell phone after his car was pulled over by police. The warrantless search of the cell phone, which the court compared to a personal computer, violated the Fourth Amendment.
John B. v. Goetz, 2008 U.S. App. LEXIS 13459 (6th Cir. June 26, 2008).
A federal district court abused its discretion when it ordered mirror imaging of computer hard drives at state government offices and in homes of state officials.
A federal district court abused its discretion when it ordered mirror imaging of computer hard drives at state government offices and in homes of state officials.
Ex parte Vulcan Materials Co., 2008 Ala. LEXIS 79 (Ala. Apr. 25, 2008).
In a matter of first impression, the Alabama Supreme Court ruled that a defendant seeking a reduction in punitive damages awarded by a jury could avoid discovery of its financial information “by stipulating that it will not rely on its financial status as a ground for the remittitur.”
In a matter of first impression, the Alabama Supreme Court ruled that a defendant seeking a reduction in punitive damages awarded by a jury could avoid discovery of its financial information “by stipulating that it will not rely on its financial status as a ground for the remittitur.”
Bell v. Board of Education of the Albuquerque Public Schools, 2008 U.S. Dist. LEXIS 69067 (D.N.M. Apr. 22, 2008).
A public school system’s motion for a protective order shielding its civil rights investigation file under the deliberative process privilege was denied because the privilege protected deliberations about broad policies rather than individual decisions implementing existing policy.
A public school system’s motion for a protective order shielding its civil rights investigation file under the deliberative process privilege was denied because the privilege protected deliberations about broad policies rather than individual decisions implementing existing policy.
Asset Funding Group, LLC v. Adams & Reese, LLP, 2008 U.S. Dist. LEXIS 30348 (E.D. La. Apr. 4, 2008).
Plaintiff in a legal malpractice action was ordered to consult with an information technology specialist to begin a search of email accounts and to produce electronic documents to defendant law firm concerning environmental issues on which plaintiff claimed the law firm provided inadequate advice.
Plaintiff in a legal malpractice action was ordered to consult with an information technology specialist to begin a search of email accounts and to produce electronic documents to defendant law firm concerning environmental issues on which plaintiff claimed the law firm provided inadequate advice.
Clearone Communications, Inc. v. Chiang, "Clearone II", 2008 U.S. Dist. LEXIS 27617 (D. Utah Apr. 1, 2008).
After issuing orders setting protocols for searches of mirror images of defendants’ computer hard drives, the court determined that particular search terms should be used in the conjunctive while other terms should be used in the disjunctive.
After issuing orders setting protocols for searches of mirror images of defendants’ computer hard drives, the court determined that particular search terms should be used in the conjunctive while other terms should be used in the disjunctive.
Curtis v. Alcoa, Inc., 2008 U.S. Dist. LEXIS 26617 (E.D. Tenn. Mar. 28, 2008).
Defendant was ordered to produce electronic documents of an additional employee even though that employee’s name had been a term used in searching documents of other employees. Defendant was instructed to keep track of its time and cost in performing the additional search and privilege review because the court might consider a cost-shifting application.
Defendant was ordered to produce electronic documents of an additional employee even though that employee’s name had been a term used in searching documents of other employees. Defendant was instructed to keep track of its time and cost in performing the additional search and privilege review because the court might consider a cost-shifting application.
R.C. v. B.W., 2008 N.Y. Misc. LEXIS 2193 (N.Y. Sup. Ct. Feb. 26, 2008).
Plaintiff in a divorce action was denied access to his former wife’s computers to search for information to counter her request for legal fees. Although the wife was a lawyer and assisted in the work on her case, her lawyer was billing only for his work and there was no relevant information on the wife’s computers that had not already been produced.
Plaintiff in a divorce action was denied access to his former wife’s computers to search for information to counter her request for legal fees. Although the wife was a lawyer and assisted in the work on her case, her lawyer was billing only for his work and there was no relevant information on the wife’s computers that had not already been produced.
In re Insurance Premium Local Tax Litigation, 2008 U.S. Dist. LEXIS 14516 (E.D. Ky. Feb. 25, 2008).
In an action alleging insurer over-collection of premium taxes, class certification discovery of policy risk locations was restricted to risk locations at the onset and renewal dates of each policy rather than every day of each policy in order to limit the burden of the discovery on the insurers.
In an action alleging insurer over-collection of premium taxes, class certification discovery of policy risk locations was restricted to risk locations at the onset and renewal dates of each policy rather than every day of each policy in order to limit the burden of the discovery on the insurers.
United States v. Etkin, 2008 U.S. Dist. LEXIS 12834 (S.D.N.Y. Feb. 20, 2008).
Defendant's email to his wife was not a privileged marital communication because he sent it from his work computer on which a flash-screen notice appeared every time he logged on stating that users had no legitimate expectation of privacy during any use of the system.
Defendant's email to his wife was not a privileged marital communication because he sent it from his work computer on which a flash-screen notice appeared every time he logged on stating that users had no legitimate expectation of privacy during any use of the system.
Flying J Inc. v. TA Operating Corp., "Flying J Inc. II", 2008 U.S. Dist. LEXIS 9662 (D. Utah Feb. 8, 2008).
A request for phased discovery in an antitrust case was denied despite possible cost savings because a key email document supporting denial of defendants' motion for judgment on the pleadings would not have been discovered during the proposed first phase of discovery.
A request for phased discovery in an antitrust case was denied despite possible cost savings because a key email document supporting denial of defendants' motion for judgment on the pleadings would not have been discovered during the proposed first phase of discovery.
Atmel Corp. v. Authentec, Inc., 2008 U.S. Dist. LEXIS 10850 (N.D. Cal. Jan. 31, 2008).
Following testimony of plaintiff's Fed. R. Civ. P. 30(b)(6) deponent that he did not know whether files of plaintiff's chief executive officer (who was hired after suit was filed) had been searched in response to discovery requests, the court ordered a search of the CEO's email account, notes, and personal computer.
Following testimony of plaintiff's Fed. R. Civ. P. 30(b)(6) deponent that he did not know whether files of plaintiff's chief executive officer (who was hired after suit was filed) had been searched in response to discovery requests, the court ordered a search of the CEO's email account, notes, and personal computer.
Etzion v. Etzion, "Etzion II", 2008 N.Y. Misc. LEXIS 1234 (N.Y. Sup. Ct. Jan. 15, 2008).
A former spouse's motion for an order permitting her and her computer forensic experts to clone her husband's personal and business computers was denied because information concerning allegedly fraudulent valuation of the husband's assets had been available to the spouse and her attorney during divorce settlement negotiations.
A former spouse's motion for an order permitting her and her computer forensic experts to clone her husband's personal and business computers was denied because information concerning allegedly fraudulent valuation of the husband's assets had been available to the spouse and her attorney during divorce settlement negotiations.
Hubbard v. Potter, 2008 U.S. Dist. LEXIS 60 (D.D.C. Jan. 3, 2008).
The low number of electronic documents produced by some of defendant's responding facilities was not a sufficient basis for assuming that there were other responsive documents to produce and for ordering a supplemental document production.
The low number of electronic documents produced by some of defendant's responding facilities was not a sufficient basis for assuming that there were other responsive documents to produce and for ordering a supplemental document production.
Palgut v. City of Colorado Springs, 2007 U.S. Dist. LEXIS 91719 (D. Colo. Dec. 3, 2007).
A plaintiff without a qualifying reason was no more entitled to access to electronic information than to paper documents following amendments in 2006 to Fed. R. Civ. P. 34.
A plaintiff without a qualifying reason was no more entitled to access to electronic information than to paper documents following amendments in 2006 to Fed. R. Civ. P. 34.
Best Buy Stores, L.P. v. Developers Diversified Realty Corp., "Best Buy II", 2007 U.S. Dist. LEXIS 88771 (D. Minn. Nov. 30, 2007).
Plaintiff was not required to restore a database compiled for other litigation in order to permit discovery of the database by defendants. The database was inaccessible within the meaning of Fed. R. Civ. P. 26(b)(2)(B) because it would have to be re-compiled from original sources such as backup tapes.
Plaintiff was not required to restore a database compiled for other litigation in order to permit discovery of the database by defendants. The database was inaccessible within the meaning of Fed. R. Civ. P. 26(b)(2)(B) because it would have to be re-compiled from original sources such as backup tapes.
U & I Corp. v. Advanced Medical Design, Inc., 2007 U.S. Dist. LEXIS 86530 (M.D. Fla. Nov. 26, 2007).
Defendant's motion to compel inspection of plaintiff's "unloadable" hard drive was deferred pending third party discovery that could produce copies of the unloadable email and pending plaintiff's explanation of its efforts to retrieve the unloadable files.
Defendant's motion to compel inspection of plaintiff's "unloadable" hard drive was deferred pending third party discovery that could produce copies of the unloadable email and pending plaintiff's explanation of its efforts to retrieve the unloadable files.
Berkeyheiser v. A Plus Investigations, Inc., 2007 Pa. Super. LEXIS 3869 (Pa. Super. Nov. 16, 2007).
A trial court's failure to explain its rejection of defendants' objections on privilege and privacy grounds to discovery that included "a 'complete mirror' of all electronic data regarding any information requested" led an appeals court to order further proceedings in which the trial court could "provide adequate analysis for its broad discovery rulings."
A trial court's failure to explain its rejection of defendants' objections on privilege and privacy grounds to discovery that included "a 'complete mirror' of all electronic data regarding any information requested" led an appeals court to order further proceedings in which the trial court could "provide adequate analysis for its broad discovery rulings."
RLI Insurance Co. v. Indian River School District, 2007 U.S. Dist. LEXIS 78419 (D. Del. Oct. 23, 2007).
Plaintiff's motion to compel production of electronic documents in accordance with the court's default standard for such discovery was denied. The motion was filed after discovery was closed, plaintiff had not raised the issue of e-discovery prior to the Rule 16 Conference as required by Fed. R. Civ. P. 26(f)(3), and no failure to produce relevant email had been shown.
Plaintiff's motion to compel production of electronic documents in accordance with the court's default standard for such discovery was denied. The motion was filed after discovery was closed, plaintiff had not raised the issue of e-discovery prior to the Rule 16 Conference as required by Fed. R. Civ. P. 26(f)(3), and no failure to produce relevant email had been shown.
Columbia Pictures, Inc. v. Bunnell, 2007 U.S. Dist. LEXIS 63620 (C.D. Cal. Aug. 24, 2007).
Data stored temporarily in a computer's random access memory is discoverable "electronically stored information" within the meaning of Fed. R. Civ. P. 34.
Data stored temporarily in a computer's random access memory is discoverable "electronically stored information" within the meaning of Fed. R. Civ. P. 34.
Doe v. Morey Charter Schools, 2007 U.S. Dist. LEXIS 59222 (E.D. Mich. Aug. 14, 2007).
A magistrate did not abuse his discretion by denying in part plaintiff's motion to compel production of documents relating to a sexual abuse investigation. Both sides to the dispute had mirror images of hard drives seized by the police, and plaintiff was given leave to make additional, specific requests to defendants for production.
A magistrate did not abuse his discretion by denying in part plaintiff's motion to compel production of documents relating to a sexual abuse investigation. Both sides to the dispute had mirror images of hard drives seized by the police, and plaintiff was given leave to make additional, specific requests to defendants for production.
Kasten v. Doral Dental USA, LLC, 2007 Wisc. LEXIS 405 (Wis. June 22, 2007).
A non-managing member of a limited liability company was entitled to inspect email and draft documents of the company as part of her right of inspection of limited liability company records.
A non-managing member of a limited liability company was entitled to inspect email and draft documents of the company as part of her right of inspection of limited liability company records.
Beinin v. Center for the Study of Popular Culture, "Beinin II", 2007 U.S. Dist. LEXIS 47546 (N.D. Cal. June 20, 2007).
The court affirmed a magistrate's order that identities of email correspondents who communicated with plaintiff prior to the filing of his complaint did not have to be disclosed. The First Amendment associational privilege applied to the identities, and plaintiff's disclosure of the content of the email correspondence with his unidentified supporters was sufficient.
The court affirmed a magistrate's order that identities of email correspondents who communicated with plaintiff prior to the filing of his complaint did not have to be disclosed. The First Amendment associational privilege applied to the identities, and plaintiff's disclosure of the content of the email correspondence with his unidentified supporters was sufficient.
Columbia Pictures Industries v. Bunnell, 2007 U.S. Dist. LEXIS 46364 (C.D. Cal. June 19, 2007).
Data temporarily stored in random access memory (RAM) on defendants' website was "electronically stored information" within the meaning of recently-amended Fed. R. Civ. P. 34(a), and defendants were ordered to begin preserving and producing the RAM data in response to plaintiffs' discovery requests. However, the court declined to sanction defendants for spoliation of evidence by not using a server logging function in the past to preserve the RAM data because there was no precedent for requiring retention of data in RAM and there had been no preservation request by plaintiffs specifically directed to RAM data.
Data temporarily stored in random access memory (RAM) on defendants' website was "electronically stored information" within the meaning of recently-amended Fed. R. Civ. P. 34(a), and defendants were ordered to begin preserving and producing the RAM data in response to plaintiffs' discovery requests. However, the court declined to sanction defendants for spoliation of evidence by not using a server logging function in the past to preserve the RAM data because there was no precedent for requiring retention of data in RAM and there had been no preservation request by plaintiffs specifically directed to RAM data.
Mugworld, Inc. v. G.G. Marck & Associates, Inc., 2007 U.S. Dist. LEXIS 43543 (E.D. Tex. June 15, 2007).
Defendant's request for the return of an email document that was inadvertently produced was denied because it did not appear the document contained trade secret information as claimed by defendant and defendant's four-month delay in seeking the return waived any right to return of the document.
Defendant's request for the return of an email document that was inadvertently produced was denied because it did not appear the document contained trade secret information as claimed by defendant and defendant's four-month delay in seeking the return waived any right to return of the document.
3M Co. v. Kanbar, 2007 U.S. Dist. LEXIS 45232 (N.D. Cal. June 14, 2007).
The initial disclosure pursuant to Fed. R. Civ. P. 26(a)(1)(B) of documents that a party would rely on did not require specific descriptions of documents with Bates numbers. Also, while a party would not be ordered to provide an index of the paper documents it produced, it would be required to produce the electronic version of the documents in order to assist in the organization and itemization of the documents.
The initial disclosure pursuant to Fed. R. Civ. P. 26(a)(1)(B) of documents that a party would rely on did not require specific descriptions of documents with Bates numbers. Also, while a party would not be ordered to provide an index of the paper documents it produced, it would be required to produce the electronic version of the documents in order to assist in the organization and itemization of the documents.
Scotts Co. LLC v. Liberty Mutual Insurance Co., 2007 U.S. Dist. LEXIS 43005 (S.D. Ohio June 12, 2007).
Recent amendments to Fed. R. Civ. P. 34 did not entitle plaintiff to an order allowing its forensic expert to search defendant's computer systems and backup tapes without first establishing a qualifying reason for such intrusive access that was more than mere suspicion that defendant was withholding discoverable information.
Recent amendments to Fed. R. Civ. P. 34 did not entitle plaintiff to an order allowing its forensic expert to search defendant's computer systems and backup tapes without first establishing a qualifying reason for such intrusive access that was more than mere suspicion that defendant was withholding discoverable information.
Columbia Pictures Industries v. Fung, 2007 U.S. Dist. LEXIS 97576 (C.D. Cal. June 8, 2007).
Server log data was electronically stored information within the meaning of Fed. R. Civ. P. 34 and was discoverable. The court ordered defendants to begin saving the temporarily stored data and to produce the data to plaintiffs in native format with bi-weekly updates.
Server log data was electronically stored information within the meaning of Fed. R. Civ. P. 34 and was discoverable. The court ordered defendants to begin saving the temporarily stored data and to produce the data to plaintiffs in native format with bi-weekly updates.
Hill v. Eddie Bauer, 2007 U.S. Dist. LEXIS 35940 (C.D. Cal. Mar. 29, 2007).
The court accepted defendant's proposal to provide limited sampling of data in order to resolve objections that plaintiff's discovery requests prior to obtaining class certification were burdensome. The court agreed the requests were burdensome, and plaintiff had not explained why defendant's sampling proposal was inadequate.
The court accepted defendant's proposal to provide limited sampling of data in order to resolve objections that plaintiff's discovery requests prior to obtaining class certification were burdensome. The court agreed the requests were burdensome, and plaintiff had not explained why defendant's sampling proposal was inadequate.
Equal Employment Opportunity Commission v. Lockheed Martin, 2007 U.S. Dist. LEXIS 37766 (D. Haw. May 22, 2007).
Terminating sanctions requested by plaintiffs for defendant's failure to produce responsive documents from all of defendant's business units were denied because the court had yet to determine the scope of required production.
Terminating sanctions requested by plaintiffs for defendant's failure to produce responsive documents from all of defendant's business units were denied because the court had yet to determine the scope of required production.
Meccatech, Inc. v. Kiser, 2007 U.S. Dist. LEXIS 36107 (D. Neb. May 16, 2007).
A court agreed there was credence to plaintiff's conspiracy theory and ordered defendants, plaintiffs' former employees, to produce responsive email from personal accounts or from computers they controlled or used.
A court agreed there was credence to plaintiff's conspiracy theory and ordered defendants, plaintiffs' former employees, to produce responsive email from personal accounts or from computers they controlled or used.
Frees, Inc. v. McMillian, "Frees III", 2007 U.S. Dist. LEXIS 32736 (W.D. La. May 1, 2007).
The court affirmed a magistrate's decision that plaintiff's former employee had to produce a laptop computer that plaintiff's competitor had given the employee two years after the employee left his former employer. The court held it was reasonable to seek discovery to learn whether the laptop contained any of the former employer's electronic data.
The court affirmed a magistrate's decision that plaintiff's former employee had to produce a laptop computer that plaintiff's competitor had given the employee two years after the employee left his former employer. The court held it was reasonable to seek discovery to learn whether the laptop contained any of the former employer's electronic data.
Wells v. Xpedx, 2007 U.S. Dist. LEXIS 29610 (M.D. Fla. Apr. 23, 2007).
Plaintiff was granted permission to depose defendant's corporate technology representative regarding email deletion and procedures for recovering deleted email because defendant offered no proof by affidavit or otherwise for its contention that all email documents responsive to plaintiff's discovery requests had been provided.
Plaintiff was granted permission to depose defendant's corporate technology representative regarding email deletion and procedures for recovering deleted email because defendant offered no proof by affidavit or otherwise for its contention that all email documents responsive to plaintiff's discovery requests had been provided.
Equal Employment Opportunity Commission v. Boeing Co., 2007 U.S. Dist. LEXIS 29107 (D. Ariz. Apr. 18, 2007).
Plaintiff's motion to compel answers by defendant's designated witness to questions concerning defendant's estimated cost of $55,000 for retrieving email was denied because the issue should have been raised before the court had decided plaintiff had not shown good cause to justify the expense of the discovery.
Plaintiff's motion to compel answers by defendant's designated witness to questions concerning defendant's estimated cost of $55,000 for retrieving email was denied because the issue should have been raised before the court had decided plaintiff had not shown good cause to justify the expense of the discovery.
United States v. Vilar, 2007 U.S. Dist. LEXIS 26993 (S.D.N.Y. Apr. 5, 2007).
In the course of partially granting defendants' motion to suppress evidence seized during a search pursuant to an overbroad warrant, the court outlined resolution of unique issues raised by computer searches.
In the course of partially granting defendants' motion to suppress evidence seized during a search pursuant to an overbroad warrant, the court outlined resolution of unique issues raised by computer searches.
Steele v. Lincoln Financial Group, 2007 U.S. Dist. LEXIS 25587 (N.D. Ill. Apr. 3, 2007).
Information presented by an employer during mediation with the Equal Employment Opportunity Commission to facilitate settlement was not automatically discoverable in litigation that followed between the employer and an employee.
Information presented by an employer during mediation with the Equal Employment Opportunity Commission to facilitate settlement was not automatically discoverable in litigation that followed between the employer and an employee.
Thielen v. Buongiorno USA, Inc., 2007 U.S. Dist. LEXIS 8998 (W.D. Mich. Feb. 8, 2007).
Although plaintiff failed to meet the deadline for responding to defendant's request for a mirror image of plaintiff's computer hard drive, the court held pursuant to Fed. R. Civ. P. 26(b)(2)(B) that a party did not have to produce electronic information that was not reasonably accessible and thus an undue burden to produce. Because the unrestricted access provided by a mirror image would be an undue burden, the court allowed only a forensic examination of the computer by an expert limited to the principal issue of the case and done outside the presence of the parties and their attorneys.
Although plaintiff failed to meet the deadline for responding to defendant's request for a mirror image of plaintiff's computer hard drive, the court held pursuant to Fed. R. Civ. P. 26(b)(2)(B) that a party did not have to produce electronic information that was not reasonably accessible and thus an undue burden to produce. Because the unrestricted access provided by a mirror image would be an undue burden, the court allowed only a forensic examination of the computer by an expert limited to the principal issue of the case and done outside the presence of the parties and their attorneys.
Miller v. Holzmann, "Miller III", 2007 U.S. Dist. LEXIS 4399 (D.D.C. Jan. 23, 2007).
Government subpoenas for all documents, including electronically stored versions, in the possession of defendant's experts were "the very zenith of an oppressive burden." The court denied the government's motion to compel.
Government subpoenas for all documents, including electronically stored versions, in the possession of defendant's experts were "the very zenith of an oppressive burden." The court denied the government's motion to compel.
Balfour Beatty Rail, Inc. v. Vaccarello, 2007 U.S. Dist. LEXIS 3581 (M.D. Fla. Jan. 18, 2007).
Plaintiff was not entitled to inspect hard drives on defendant's computers without first showing what information plaintiff sought to discover and contending what information defendant had failed to provide.
Plaintiff was not entitled to inspect hard drives on defendant's computers without first showing what information plaintiff sought to discover and contending what information defendant had failed to provide.
Hedenburg v. Aramark American Food Services, 2007 U.S. Dist. LEXIS 3443 (W.D. Wash. Jan. 17, 2007).
Defendant's request for a "mirror image" of plaintiff's home computer to check the veracity of plaintiff's statement that she had made a diligent search of her files was denied.
Defendant's request for a "mirror image" of plaintiff's home computer to check the veracity of plaintiff's statement that she had made a diligent search of her files was denied.
United States v. Comprehensive Drug Testing, Inc., 2006 U.S. App. LEXIS 31850 (9th Cir. Dec. 27, 2006).
Government seizure of steroid testing records of all major league baseball players was permissible in executing search warrants relating to ten players. However, magistrates who issued the warrants were required to review documents unrelated to the ten players to determine what information should be returned.
Government seizure of steroid testing records of all major league baseball players was permissible in executing search warrants relating to ten players. However, magistrates who issued the warrants were required to review documents unrelated to the ten players to determine what information should be returned.
Zurich American Insurance Co. v. Ace American Reinsurance Co., 2006 U.S. Dist. LEXIS 92958 (S.D.N.Y. Dec. 22, 2006).
A "sophisticated" reinsurer utilizing an "opaque data storage system" was entitled to little sympathy regarding its burden in searching for responsive documents, according to the court, which ordered the reinsurer and plaintiff to devise a protocol for sampling claim file data.
A "sophisticated" reinsurer utilizing an "opaque data storage system" was entitled to little sympathy regarding its burden in searching for responsive documents, according to the court, which ordered the reinsurer and plaintiff to devise a protocol for sampling claim file data.
Baker & Hostetler LLP v. United States Department of Commerce, 2006 U.S. App. LEXIS 31454 (D.C. Cir. Dec. 22, 2006).
Unsupported assertions of government bad faith were insufficient to warrant reversal of a district court decision that the Department of Commerce adequately attempted to recover deleted email and searched its records in response to a Freedom of Information Act request.
Unsupported assertions of government bad faith were insufficient to warrant reversal of a district court decision that the Department of Commerce adequately attempted to recover deleted email and searched its records in response to a Freedom of Information Act request.
Flexsys Americas, LP v. Kumho Tire U.S.A., Inc., 2006 U.S. Dist. LEXIS 88303 (N.D. Ohio Dec. 6, 2006).
To resolve a dispute between parties that had yet to agree on the scope of electronic discovery in their case, the court imposed a compromise solution. Further e-discovery was limited to individuals most likely to have relevant information. However, the party seeking discovery was allowed to designate ten of those individuals.
To resolve a dispute between parties that had yet to agree on the scope of electronic discovery in their case, the court imposed a compromise solution. Further e-discovery was limited to individuals most likely to have relevant information. However, the party seeking discovery was allowed to designate ten of those individuals.
Thompson v. Jiffy Lube Int'l, Inc.,, 2006 U.S. Dist. LEXIS 84961 (D. Kan. Nov. 21, 2006).
In discovery relating to class action certification, the court held that compliance by defendant with a document request that plaintiffs argued would cost "only" $600,000 was unduly burdensome. Examining email accounts of 450 employees for common terms was not necessary or appropriate for class certification discovery.
In discovery relating to class action certification, the court held that compliance by defendant with a document request that plaintiffs argued would cost "only" $600,000 was unduly burdensome. Examining email accounts of 450 employees for common terms was not necessary or appropriate for class certification discovery.
Johnson v. Kraft Foods North America, 2006 U.S. Dist. LEXIS 82990 (D. Kan. Nov. 14, 2006).
Defendant's objection that terms in discovery requests such as "electronic database," "coded fields," and "data dictionaries" were vague or ambiguous was overruled. Any ambiguity could be resolved through local court guidelines for electronic discovery that referred to Sedona Conference definitions of terms.
Defendant's objection that terms in discovery requests such as "electronic database," "coded fields," and "data dictionaries" were vague or ambiguous was overruled. Any ambiguity could be resolved through local court guidelines for electronic discovery that referred to Sedona Conference definitions of terms.
Zamora v. D'Arrigo Brother Co., 2006 U.S. Dist. LEXIS 83106 (N.D. Cal. Nov. 7, 2006).
A company was ordered to produce a representative for a deposition for a second time to explain instances of inconsistencies, incompleteness, and undecipherable codes in electronic data produced by the company following its representative's first deposition.
A company was ordered to produce a representative for a deposition for a second time to explain instances of inconsistencies, incompleteness, and undecipherable codes in electronic data produced by the company following its representative's first deposition.
Air Tech Equipment, Ltd. v. Humidity Ventilation Systems, Inc., 2006 U.S. Dist. LEXIS 80198 (E.D.N.Y. Nov. 2, 2006).
In order to defend against counterclaims, plaintiffs in an antitrust action were entitled to production of "downstream data" from defendants containing pricing information. The court allowed defendants to protect the identities of their customers by assigning codes to the customers.
In order to defend against counterclaims, plaintiffs in an antitrust action were entitled to production of "downstream data" from defendants containing pricing information. The court allowed defendants to protect the identities of their customers by assigning codes to the customers.
In re Twenty-Fourth Statewide Investigating Grand Jury, 2006 Pa. LEXIS 1938 (Pa. Oct. 6, 2006).
Orders of the judge supervising a grand jury enforcing subpoenas that required a newspaper to turn hard drives over to the state attorney general were vacated. The Pennsylvania Supreme Court held that "any direct and compelled transfer to the executive branch of general-use media computer hardware should be pursuant to a due and proper warrant, issued upon probable cause."
Orders of the judge supervising a grand jury enforcing subpoenas that required a newspaper to turn hard drives over to the state attorney general were vacated. The Pennsylvania Supreme Court held that "any direct and compelled transfer to the executive branch of general-use media computer hardware should be pursuant to a due and proper warrant, issued upon probable cause."
Powers v. Thomas M. Cooley Law School, 2006 U.S. Dist. LEXIS 67706 (W.D. Mich. Sept. 21, 2006).
Plaintiff's motion for reconsideration of denial of sanctions against defendant was summarily denied. The court had determined that potential discovery of a few additional relevant documents did not warrant the delay, expense, and intrusion into defendant's computer system that a separate search by plaintiff's expert would cause.
Plaintiff's motion for reconsideration of denial of sanctions against defendant was summarily denied. The court had determined that potential discovery of a few additional relevant documents did not warrant the delay, expense, and intrusion into defendant's computer system that a separate search by plaintiff's expert would cause.
Vermont v. Wesco, Inc., 2006 Vt. LEXIS 252 (Vt. Sept. 8, 2006).
A trial court order allowing depositions of state computer system administrators in a case concerning allegations of selective prosecution was reversed by the Vermont Supreme Court. The trial court order was based on speculation rather than evidence that certain email documents once existed but now were missing.
A trial court order allowing depositions of state computer system administrators in a case concerning allegations of selective prosecution was reversed by the Vermont Supreme Court. The trial court order was based on speculation rather than evidence that certain email documents once existed but now were missing.
Hnot v. Willis Group Holdings, Ltd., 2006 U.S. Dist. LEXIS 57612 (S.D.N.Y. Aug. 17, 2006).
Plaintiffs' request in an employment discrimination class action for an extended class period and discovery of a database for that period was denied because non-expert discovery in the case had been closed for over two years.
Plaintiffs' request in an employment discrimination class action for an extended class period and discovery of a database for that period was denied because non-expert discovery in the case had been closed for over two years.
Advante International Corp. v. Mintel Learning Technology, 2006 U.S. Dist. LEXIS 45859 (N.D. Cal. Jun. 29, 2006).
Authorization to conduct a forensic examination of opposing parties' computer systems was denied due to the lack of specific, concrete evidence of concealment or destruction of evidence.
Authorization to conduct a forensic examination of opposing parties' computer systems was denied due to the lack of specific, concrete evidence of concealment or destruction of evidence.
Thompson v. Jiffy Lube International, Inc., 2006 U.S. Dist. LEXIS 27837 (D. Kan. May 1, 2006).
A request for "any and all information related to email" was overly broad on its face.
A request for "any and all information related to email" was overly broad on its face.
Liturgical Publications, Inc. v. Karides, 2006 Wisc. App. LEXIS 313 (Wisc. Ct. App. Apr. 12, 2006).
After a "hash value" search of mirror images of defendants' hard drives revealed no matches with hash values on plaintiff's computer, a trial court was within its discretion in denying a second inspection of the mirror images with defined search parameters and in dismissing plaintiff's computer data theft claim.
After a "hash value" search of mirror images of defendants' hard drives revealed no matches with hash values on plaintiff's computer, a trial court was within its discretion in denying a second inspection of the mirror images with defined search parameters and in dismissing plaintiff's computer data theft claim.
St. Joseph Medical Center, Inc. v. Cardiac Surgery Associates, P.A., 2006 Md. LEXIS 179 (Md. Ct. App. Apr. 12, 2006).
According to Maryland's highest court, email and other documents relating to peer review proceedings at a hospital were protected by a statutory medical review committee privilege to the extent the documents could not be obtained from sources other than the hospital.
According to Maryland's highest court, email and other documents relating to peer review proceedings at a hospital were protected by a statutory medical review committee privilege to the extent the documents could not be obtained from sources other than the hospital.
In re BP Products, North America, Inc., 2006 Tex. App. LEXIS 1929 (Tex. Ct. App. Mar. 13, 2006).
An order compelling production of all responsive "e-data derived from backup tapes" was not an abuse of discretion by the trial court, according to a Texas court of appeals in denying a motion for emergency relief and a petition for a writ of mandamus.
An order compelling production of all responsive "e-data derived from backup tapes" was not an abuse of discretion by the trial court, according to a Texas court of appeals in denying a motion for emergency relief and a petition for a writ of mandamus.
Bob Barker Co. v. Ferguson Safety Products, 2006 U.S. Dist. LEXIS 14789 (N.D. Cal. Mar. 9, 2006).
A suggestion that plaintiff's expert should be granted access to defendant's database to directly generate reports was premature because a showing of need and a description of safeguards to minimize business disruption had not been provided by plaintiff.
A suggestion that plaintiff's expert should be granted access to defendant's database to directly generate reports was premature because a showing of need and a description of safeguards to minimize business disruption had not been provided by plaintiff.
Harrison v. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, 2006 U.S. App. LEXIS 5826 (5th Cir. Mar. 8, 2006).
Participation by a law firm's employees in execution of a discovery order was not evidence of a conspiracy to violate the civil rights of a person whose home was entered during execution of the order by a deputy with a computer expert, and the law firm was entitled to summary judgment.
Participation by a law firm's employees in execution of a discovery order was not evidence of a conspiracy to violate the civil rights of a person whose home was entered during execution of the order by a deputy with a computer expert, and the law firm was entitled to summary judgment.
Rozell v. Ross-Holst, 2006 U.S. Dist. LEXIS 2277 (S.D.N.Y. Jan. 20, 2006).
In a sexual harassment and retaliation case, plaintiff's claim that a defendant improperly accessed her email account did not make every communication transmitted through that account subject to discovery.
In a sexual harassment and retaliation case, plaintiff's claim that a defendant improperly accessed her email account did not make every communication transmitted through that account subject to discovery.
Washington v. Thurgood Marshall Academy, 2005 U.S. Dist. LEXIS 26798 (D.D.C. October 31, 2005).
In a wrongful discharge action, the court refused to compel defendant to produce emails in addition to those it already produced based purely on plaintiff's speculation that more emails existed.
In a wrongful discharge action, the court refused to compel defendant to produce emails in addition to those it already produced based purely on plaintiff's speculation that more emails existed.
Muse v. Bravo Sports, 2005 U.S. Dist. LEXIS 13928 (S.D. Iowa July 12, 2005).
The court deferred ruling on a California company's motion to dismiss an Iowa lawsuit for lack of jurisdiction pending completion of jurisdictional discovery of the extent to which the California company used its interactive website to do business in Iowa.
The court deferred ruling on a California company's motion to dismiss an Iowa lawsuit for lack of jurisdiction pending completion of jurisdictional discovery of the extent to which the California company used its interactive website to do business in Iowa.
Papyrus Technology Corp. v. New York Stock Exchange, Inc., 2005 U.S. Dist. LEXIS 13659 (S.D.N.Y. July 7, 2005).
A request for discovery of computer files over five months after discovery was closed was denied by a federal magistrate judge because plaintiff's assertion that it only recently had learned of the files was "disingenuous" and the demand for the files weeks after completion of expert depositions suggested plaintiff was seeking to expand the issues in the litigation.
A request for discovery of computer files over five months after discovery was closed was denied by a federal magistrate judge because plaintiff's assertion that it only recently had learned of the files was "disingenuous" and the demand for the files weeks after completion of expert depositions suggested plaintiff was seeking to expand the issues in the litigation.
Union Bank of California v. The Superior Court of Alameda County, 2005 Cal. App. LEXIS 977 (Cal. Ct. App., 1st App. D. June 17, 2005).
Suspicious activity privilege held to apply to investigative bank communications.
Suspicious activity privilege held to apply to investigative bank communications.
Bd. of Managers of the Atrium Condo. v. W. 79th Street Corp., 2005 N.Y. App. Div. LEXIS 3439 (N.Y. App. Div. Apr. 5, 2005).
A request for electronic discovery from computers of plaintiff's attorneys was denied as academic because even if service of a reply pleading was backdated, "any failure to timely serve a reply was not part of a demonstrable pattern of willful delay."
A request for electronic discovery from computers of plaintiff's attorneys was denied as academic because even if service of a reply pleading was backdated, "any failure to timely serve a reply was not part of a demonstrable pattern of willful delay."
TIG Insurance Company v. Premier Parks, 2005 Del. Super. LEXIS 60 (Del. March 1, 2005).
Due to substantial burdens placed on plaintiff in searching computer files, court limited amount of discovery that had to be produced.
Due to substantial burdens placed on plaintiff in searching computer files, court limited amount of discovery that had to be produced.
Williams v. Mass. Mut. Life Ins. Co., 2005 U.S. Dist. LEXIS 1555 (D. Mass. Feb. 2, 2005).
In an employment discrimination action, the court denied the plaintiff's motion to appoint a neutral expert to search the defendants' computer system for an allegedly incriminating email.
In an employment discrimination action, the court denied the plaintiff's motion to appoint a neutral expert to search the defendants' computer system for an allegedly incriminating email.
Compuware Corp. v. Moody's Investors, 2004 U.S. Dist. LEXIS 25309, (E.D. Mich. December 16, 2004).
A requesting party's request to enforce a discovery order and narrow the catalog of data to be produced was denied.
A requesting party's request to enforce a discovery order and narrow the catalog of data to be produced was denied.
Laurin v. Pokoik, 2004 U.S. Dist. LEXIS 24010 (S.D.N.Y. November 30, 2004).
An employer did not have to produce a computer entry made by a former employee in the employer's computerized ledger.
An employer did not have to produce a computer entry made by a former employee in the employer's computerized ledger.
Pamlab, L.L.C. v. Rite Aid Corporation, 2004 U.S. Dist. LEXIS 20693 (E.D. La. October 13, 2004).
Court ordered defendant to produce data that was easily retrievable because it could be produced from a computer system; however, any data that had to be produced manually was subject to a sampling process as determined by the parties.
Court ordered defendant to produce data that was easily retrievable because it could be produced from a computer system; however, any data that had to be produced manually was subject to a sampling process as determined by the parties.
Fraser v. Nationwide Mutual Insurance Co., 2003 U.S. App. LEXIS 24856 (3d Cir. December 10, 2003).
Defendant's search of plaintiff's emails stored on defendant's computer system was permissible and did not violate the Electronic Communications Privacy Act.
Defendant's search of plaintiff's emails stored on defendant's computer system was permissible and did not violate the Electronic Communications Privacy Act.
Physicians Interactive v. Lathian Systems, 2003 U.S. Dist. LEXIS 22868 (E.D. Va. December 5, 2003).
Website host who contended that defendant's employee secretly hacked into plaintiff's website was entitled to limited expedited discovery, which had to be produced with the assistance of a computer forensics expert.
Website host who contended that defendant's employee secretly hacked into plaintiff's website was entitled to limited expedited discovery, which had to be produced with the assistance of a computer forensics expert.
Bethea v. Civ. Action Comcast, 2003 U.S. Dist. LEXIS 21595 (D. D.C. Dec. 3, 2003).
Plaintiff not entitled direct access to defendant's computer systems based solely on suspicion that defendant may have additional discoverable information not yet produced.
Plaintiff not entitled direct access to defendant's computer systems based solely on suspicion that defendant may have additional discoverable information not yet produced.
Farmers Insur. Co. v. Peterson, 2003 OK LEXIS 115 (Okla. 2003).
Oklahoma Supreme Court overturns discovery order compelling an insurer to search three years of electronic and paper claim files.
Oklahoma Supreme Court overturns discovery order compelling an insurer to search three years of electronic and paper claim files.
In re Honeywell Int'l, Inc. Securities Litigation, 2003 U.S. Dist. LEXIS 20602 (S.D.N.Y. Nov. 18, 2003).
Court orders third party to re-produce relevant documents previously produced in paper form, finding that documents should have been produced electronically, as they were kept in the usual course of business. Court denies overbroad request for email and other electronic documents, finding that requesting party failed to issue sufficiently tailored document request.
Court orders third party to re-produce relevant documents previously produced in paper form, finding that documents should have been produced electronically, as they were kept in the usual course of business. Court denies overbroad request for email and other electronic documents, finding that requesting party failed to issue sufficiently tailored document request.
In re Ford Motor Company, 2003 U.S. App. LEXIS 19531 (11th cir. Ala. Sept. 22, 2003).
Appellate court vacates discovery order, rules that plaintiff is not entitled to direct access to defendant's computer databases without factual finding of non-compliance in discovery by defendant.
Appellate court vacates discovery order, rules that plaintiff is not entitled to direct access to defendant's computer databases without factual finding of non-compliance in discovery by defendant.
Wright v. AmSouth Bancorporation, 320 F.3d 1198, 2003 U.S. App. LEXIS 2016, 16 Fla. L. Weekly Fed. C 275, 91 Fair Empl. Prac. Cas. (BNA) 41 (11th Cir. Ala. Feb. 5, 2003).
District court did not abuse discretion in denying motion to compel production of electronic documents pursuant to overly broad request.
District court did not abuse discretion in denying motion to compel production of electronic documents pursuant to overly broad request.
York v. Hartford Underwriters Ins. Co., 2002 U.S. Dist. LEXIS 21458 (N.D. Okla. Nov. 4, 2002).
Limiting deposition on claims adjusting software.
Limiting deposition on claims adjusting software.
Jones v. Goord, 2002 U.S. Dist. LEXIS 8707 (S.D.N.Y. May 15, 2002).
Production of databases denied.
Production of databases denied.
Stallings-Daniel v. Northern Trust Co., 2002 U.S. Dist. LEXIS 4024 (N.D. Ill. Mar. 11, 2002).
In an employment discrimination case, a request for what the court deemed an intrusive and wholly speculative electronic investigation into the employer's email files was denied.
In an employment discrimination case, a request for what the court deemed an intrusive and wholly speculative electronic investigation into the employer's email files was denied.
TBG Ins. Services Corp. v. Superior Court, 96 Cal. App. 4th 443, 117 Cal. Rptr. 2d 155, 2002 Cal. App. LEXIS 1839, 2002 Cal. Daily Op. Service 1740, 2002 D.A.R. 2091, 18 I.E.R. Cas. (BNA) 545 (Cal. App. 2d Dist. Feb. 22, 2002).
Appellate court determines trial court erred in refusing to require employee to turn over home computer provided by employer for business use.
Appellate court determines trial court erred in refusing to require employee to turn over home computer provided by employer for business use.
Bertsch v. Duemeland, 2002 ND 32, 639 N.W.2d 455, 2002 N.D. LEXIS 30 (2002) (Feb. 20, 2002).
Requesting party denied access to computers acquired after relevant time period of lawsuit.
Requesting party denied access to computers acquired after relevant time period of lawsuit.
Dikeman v. Mary A. Stearns, P.C., 2002 Ga. App. LEXIS 169 (Ga. Ct. App. 2002).
A client in an action by the client's attorney to collect unpaid invoices was not entitled to discovery of a full and complete copy of the contents of hard drives in the attorney's computers or of information related to other clients.
A client in an action by the client's attorney to collect unpaid invoices was not entitled to discovery of a full and complete copy of the contents of hard drives in the attorney's computers or of information related to other clients.
Ex parte Wal-Mart, Inc., 809 So. 2d 818, 2001 Ala. LEXIS 283 (Ala. July 13, 2001).
Appellate court sets geographic and temporal limits on discovery of computer database.
Appellate court sets geographic and temporal limits on discovery of computer database.
White v. White, 2001 N.J. Super. LEXIS 370 (N.J. Super. Ct. Ch. Div. May 31, 2001).
In divorce proceeding, husband was not entitled to suppression of stored emails retrieved by his wife from hard drive of family computer.
In divorce proceeding, husband was not entitled to suppression of stored emails retrieved by his wife from hard drive of family computer.
Hayes v. Compass Group USA, Inc., 202 F.R.D. 363, 2001 U.S. Dist. LEXIS 14313 (D. Conn. May 9, 2001).
Court limits discovery to computer-searchable records.
Court limits discovery to computer-searchable records.
Columbia Communs. Corp. v. EchoStar Satellite Corp., 2001 U.S. App. LEXIS 1033 (4th Cir. January 25, 2001).
Defendant was not prejudiced by plaintiff's failure to produce computer databases in breach of contract action.
Defendant was not prejudiced by plaintiff's failure to produce computer databases in breach of contract action.
Unnamed Physician v. Bd. of Trustees, 93 Cal. App. 4th 607 (Cal. Ct. App. 2001).
A doctor was entitled to discovery of information regarding a peer review of his work, but he was not entitled to discovery regarding a computer program through which a statistical flag was raised regarding the higher than average rate of infections following procedures by the doctor.
A doctor was entitled to discovery of information regarding a peer review of his work, but he was not entitled to discovery regarding a computer program through which a statistical flag was raised regarding the higher than average rate of infections following procedures by the doctor.
Itzenson v. Hartford Life & Accident Ins. Co., 2000 U.S. Dist. LEXIS 14680 (E.D. Pa. October 10, 2000).
Defendant was required to produce files for plaintiff because, in this computer era, defendant should not have been incapable of identifying the files sought.
Defendant was required to produce files for plaintiff because, in this computer era, defendant should not have been incapable of identifying the files sought.
Playboy Enters. v. Welles, 60 F. Supp. 2d 1050, 1999 U.S. Dist. LEXIS 12895, 45 Fed. R. Serv. 3d (Callaghan) 981 (S.D. Cal. Aug. 2, 1999).
Court allows access to defendant's hard drive to recover deleted emails.
Court allows access to defendant's hard drive to recover deleted emails.
Commonwealth v. Ellis, 1999 Mass. Super. LEXIS 368 (Mass. Super. August 1, 1999).
A lengthy search of computerized data obtained pursuant to a warrant in an insurance fraud investigation was reasonable, and not prejudicial, based on the volume and encryption of the data.
A lengthy search of computerized data obtained pursuant to a warrant in an insurance fraud investigation was reasonable, and not prejudicial, based on the volume and encryption of the data.
United States v. Visa USA, Inc., 1999 U.S. Dist. LEXIS 10212, (S.D.N.Y. July 7, 1999).
The scope of an archived email search was narrowed and the court reserved decision about which party would bear the cost of producing the emails.
The scope of an archived email search was narrowed and the court reserved decision about which party would bear the cost of producing the emails.
Concord Boat Corp. v. Brunswick Corp., 1996 U. S. Dist. LEXIS 22732 (E. D. Ark. Dec. 30, 1996).
In an antitrust action, the court ordered the parties to meet with their computer experts to seek an agreement on electronic discovery and to determine what types of computer information was available so that plaintiffs could narrow what defendant considered unduly burdensome requests.
In an antitrust action, the court ordered the parties to meet with their computer experts to seek an agreement on electronic discovery and to determine what types of computer information was available so that plaintiffs could narrow what defendant considered unduly burdensome requests.
Zonaras v. GMC, 1996 U.S. Dist. LEXIS 22535 (S.D. Ohio October 17, 1996).
Court compelled defendant to produce crash test and sled test documents and data, although plaintiffs were required to pay half the costs.
Court compelled defendant to produce crash test and sled test documents and data, although plaintiffs were required to pay half the costs.
Fennell v. First Step Designs Ltd., 83 F.3d 526 (1st Cir. May 15, 1996).
Plaintiff fails to demonstrate need for extensive electronic discovery.
Plaintiff fails to demonstrate need for extensive electronic discovery.
Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 1996 Ohio Misc. LEXIS 113 (Ohio C.P. January 17, 1996).
Defendants were ordered to pay costs associated with discoverable material contained in their database, even though defendants argued that it would be overly burdensome to produce the information.
Defendants were ordered to pay costs associated with discoverable material contained in their database, even though defendants argued that it would be overly burdensome to produce the information.
Eugene J. Strasser, M.D., P.A. v. Bose Yalamanchi, M.D., P.A., 669 So. 2d 1142 (Fla. Dist. Ct. App. 1996).
The appellate court quashed a trial court order that allowed plaintiff unrestricted access to defendant's computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system.
The appellate court quashed a trial court order that allowed plaintiff unrestricted access to defendant's computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system.
Murlas v. Mobil Oil Corp., 1995 U. S. Dist. LEXIS 3489 (N. D. Ill. Mar. 16, 1995).
A request for production of an entire computer database of an oil company regarding contaminated sites in an action alleging contamination at one site was unduly burdensome.
A request for production of an entire computer database of an oil company regarding contaminated sites in an action alleging contamination at one site was unduly burdensome.
In Re Carbon Dioxide Industry Antitrust Litigation, 155 F.R.D. 209 (M.D. Fla. 1993).
Class representatives were entitled to preliminary depositions pursuant to Fed. R. Civ. P. 30(b)(6) in order to identify the data that each defendant maintained on computers and to identify the hardware and software necessary to access the information.
Class representatives were entitled to preliminary depositions pursuant to Fed. R. Civ. P. 30(b)(6) in order to identify the data that each defendant maintained on computers and to identify the hardware and software necessary to access the information.
Leeson v. State Farm Mut. Auto. Ins. Co., 546 N. E. 2d 782 (Ill. App. Ct. 1989).
A discovery request that would have required an insurer to create a computer program and to spend 500 hours to review results was considered oppressive and overly burdensome. Records of 2100 other claims were not relevant to whether the insured's medical expenses, some of which the insurer refused to reimburse, were reasonable.
A discovery request that would have required an insurer to create a computer program and to spend 500 hours to review results was considered oppressive and overly burdensome. Records of 2100 other claims were not relevant to whether the insured's medical expenses, some of which the insurer refused to reimburse, were reasonable.
Indiana Coal Council v. Hodel, 1988 U.S. Dist. LEXIS 581 (D.C. January 25, 1988).
The court held that a computer assisted legal research system maintained by the defendants was not discoverable on the basis of Fed. R. Civ. P. 26(b).
The court held that a computer assisted legal research system maintained by the defendants was not discoverable on the basis of Fed. R. Civ. P. 26(b).
Cleveland v. Cleveland Electric Illuminating Co., 1980 U.S. Dist. LEXIS 9714 (N.D. Ohio August 28, 1980).
Court ordered pretrial production of data and calculations underlying the conclusions contained in the reports of certain experts which plaintiff intended to call as witnesses.
Court ordered pretrial production of data and calculations underlying the conclusions contained in the reports of certain experts which plaintiff intended to call as witnesses.
Pearl Brewing Co. v. Jos. Schlitz Brewing Co., 1976 U.S. Dist. LEXIS 15300 (S.D. Tex. May 3, 1976).
In an antitrust action, the court permitted defendant to inspect and copy plaintiffs' computer programs and systems documentation and to depose plaintiffs' computer experts as to the creation of the systems.
In an antitrust action, the court permitted defendant to inspect and copy plaintiffs' computer programs and systems documentation and to depose plaintiffs' computer experts as to the creation of the systems.
Adams v. Dan River Mills, Inc., 1972 U.S. Dist. LEXIS 15472 (W.D. Va. January 20, 1972).
In an employment discrimination case, the court required defendant to provide plaintiffs with defendant's payroll and tax records in the form of computer cards or tapes and W-2 printouts.
In an employment discrimination case, the court required defendant to provide plaintiffs with defendant's payroll and tax records in the form of computer cards or tapes and W-2 printouts.
