Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection
In the putative class action lawsuit Solo, et al. v. UPS, No. 14-12719, E.D. Michigan (Jan. 10, 2017), Plaintiffs alleged that Defendant breached its contract due to over-billing practices. The parties...
View ArticleEven Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone...
In Montgomery v. Iron-Rooster Annapolis, LLC., Civil No. RDB-16-3760 (D. Md. May 9, 2017) the Plaintiff sued her former employer for unpaid overtime under the Fair Labor Standards Act and the Maryland...
View ArticleDefendant’s Failure to Timely Object to Native Format Production Results in...
In Morgan Hill Concerned Parents Assoc., v. California Dept. of Educ., No. 2:11-cv-3471 KJM AC., (E.D. Cal. Feb 1, 2017), the Court granted Plaintiffs’ motion to compel native format production because...
View ArticleWhere Browsing History Was Deleted Automatically and Unintentionally, Motion...
In Eshelman v. Puma Biotechnology, No. 7:16-CV-18-D (ED NC June 7, 2017), the Plaintiff filed a lawsuit against Puma (and its CEO), the Defendant, for libel per se and libel per quod because of an...
View ArticleCourt Denies Motion to Compel by Employment Plaintiff Subject to Discovery...
In Mirmina v. Genpact, LLC, Case No. 16-00614 (D. Conn., June 13, 2017), an employment law case involving, age, gender and race discrimination, and retaliation under Title VII, the ADEA, and the...
View ArticleCourt Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection
In the putative class action lawsuit Solo, et al. v. UPS, No. 14-12719, E.D. Michigan (Jan. 10, 2017), Plaintiffs alleged that Defendant breached its contract due to over-billing practices. The parties...
View ArticleEven Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone...
In Montgomery v. Iron-Rooster Annapolis, LLC., Civil No. RDB-16-3760 (D. Md. May 9, 2017) the Plaintiff sued her former employer for unpaid overtime under the Fair Labor Standards Act and the Maryland...
View ArticleDefendant’s Failure to Timely Object to Native Format Production Results in...
In Morgan Hill Concerned Parents Assoc., v. California Dept. of Educ., No. 2:11-cv-3471 KJM AC., (E.D. Cal. Feb 1, 2017), the Court granted Plaintiffs’ motion to compel native format production because...
View ArticleMotion for Sanctions Denied for Automatic Deletion of Browsing History
In Eshelman v. Puma Biotechnology, No. 7:16-CV-18-D (ED NC June 7, 2017), Plaintiff sued Defendants Puma Biotechnology (“Puma”) and its CEO for libel per se and libel per quod based upon allegedly...
View ArticleCourt Defines Scope of Discovery in a Fraud Case by Allowing and Denying...
In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that...
View ArticleCourt Defines Scope of Discovery in a Fraud Case by Allowing and Denying...
In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that...
View ArticleNative Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in...
View ArticleCourt Denies Defense Request To Allocate Discovery Costs
In East Coast Test Prep, LLC, v. ALLNURSES.COM, Inc., et al., Civil No. 15-3705(JRT/ECW)(D. MN April 4, 2019), the United States District Court for Minnesota denied Defendant’s motion for a protective...
View ArticleJudge Orders Plaintiff To Produce His Telephone Records Citing Lack Of Viable...
In Siemers v. BNSF Railway Co., No. 8:17-cv-360 (D. Neb. Apr. 8, 2019), the Magistrate Judge ordered Plaintiff to produce his telephone records after finding that such records were not subject to a...
View ArticleJudge Rules That Defendant’s Objections To Discovery Were Untimely And...
In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), the Magistrate Judge granted and denied Plaintiff’s motion to compel in...
View ArticleCourt Denies Plaintiff’s Request for His Entire PST File
In Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s request to receive his entire e-mail personal storage (PST) file on the grounds that...
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Court Denies Motion to Compel by Employment Plaintiff Subject to Discovery...
In Mirmina v. Genpact, LLC, Case No. 16-00614 (D. Conn., June 13, 2017), an employment law case involving, age, gender and race discrimination, and retaliation under Title VII, the ADEA, and the...
View ArticleClik here to view.
Court Orders Statistical Sampling in Response to UPS Unduly Burdensome Objection
In the putative class action lawsuit Solo, et al. v. UPS, No. 14-12719, E.D. Michigan (Jan. 10, 2017), Plaintiffs alleged that Defendant breached its contract due to over-billing practices. The parties...
View ArticleClik here to view.
Even Without Ill Intent, Plaintiff’s Failure to Preserve ESI on Cell Phone...
In Montgomery v. Iron-Rooster Annapolis, LLC., Civil No. RDB-16-3760 (D. Md. May 9, 2017) the Plaintiff sued her former employer for unpaid overtime under the Fair Labor Standards Act and the Maryland...
View ArticleClik here to view.
Defendant’s Failure to Timely Object to Native Format Production Results in...
In Morgan Hill Concerned Parents Assoc., v. California Dept. of Educ., No. 2:11-cv-3471 KJM AC., (E.D. Cal. Feb 1, 2017), the Court granted Plaintiffs’ motion to compel native format production because...
View Article