Discovery Motion to Compel

News & Analysis as of

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

Defendant's "Piecemeal" Approach to Discovery and Review of Only Select Files of Corporate Employees Results in Sanctions

In this patent infringement action, the defendants conducted a "piecemeal approach to discovery, reviewing only the files of select corporate employees." The district court found that this approach was contrary to the Federal...more

Court Rides on Relevancy, Allowing Party to be Railed by Requests (North Carolina)

Amtrak v. Guy M. Turner, Inc., NO. 4:15-CV-68-BO, 2016 U.S. Dist. LEXIS 61073 (E.D.N.C. May 9, 2016) - In this personal injury case, the plaintiffs brought a suit against the owner of a tractor-trailer after a...more

Discovery Request Found Not Proportional; Department Store Relieved from Production (Florida)

Douglas v. Kohl's Dep't Stores, Inc., 2016 U.S. Dist. LEXIS 54782 (M.D. Fla. Apr. 25, 2016) - In this consumer protection case, the plaintiff alleged that the defendant, a popular department store, violated the Telephone...more

District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide...

When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. ("RCL"), which is the parent company of the defendants,...more

Party’s Failure to Specify Objection in Refusing Discovery Request Results in Compelled Discovery (Pennsylvania)

Heller's Gas, Inc. v. Int'l Ins. Co. of Hannover Ltd., 2016 U.S. Dist. LEXIS 71069 (M.D. Pa. June 1, 2016) - In this insurance law case, the defendants moved the court to compel the plaintiff to produce “more complete...more

Amgen v. Hospira: Amgen Appeals Discovery Ruling

In the Amgen v. Hospira litigation, Amgen has filed a Notice of Appeal relating to Judge Andrew’s oral ruling denying Amgen’s request to compel Hospira to produce certain manufacturing information related to its Epogen®...more

Borrowers Cannot Rely on Technical Admissions to Defeat a Mortgage Foreclosure Action

Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a motion for summary judgment in June 2013. After Voorhees failed to file...more

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

LBL’S Persistence Pays Off With Sanctions Against Plaintiff's Counsel

LBL is currently defending a big box store in an alleged bedbug infestation case. During the course of litigation, Plaintiff’s counsel cancelled three properly-noticed depositions of his client. Upon cancelling the third...more

Court Denies Plaintiffs’ Motion to Compel the Production of Documents from Defendant’s Overseas Manufacturer (Connecticut)

Grayson v. Gen. Elec. Co., 2016 WL 1275027 (D. Conn. Apr. 1, 2016) - In this putative class action, the plaintiffs sought to compel the defendant to produce certain discovery from its overseas manufacturer and the...more

Court Compels Production of Database for Forensic Metadata Analysis (Utah)

Thorne Research v. Atlantic Pro-Nutrients, 2016 WL 1122863 (D. Utah Mar. 22, 2016) - In this patent infringement suit, the defendant filed a motion to compel, seeking a copy of a database that the plaintiffs’ inventor...more

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

Court Denies Motion to Compel In Part Based on Newly Amended Proportionality (Ohio)

Wilmington Trust Co. v. AEP Generating Co., 2016 WL 860693 (S.D. Ohio Mar. 7, 2016) - In this case, the plaintiffs filed a motion to compel ordering the defendants to conduct additional searches for ESI covering two time...more

Court Denies Motion to Compel Additional Email Searches on Proportionality Grounds (Washington)

Moore v. Lowe’s Home Centers, LLC, 2016 WL 687111 (W.D. Wash. Feb. 19, 2016) - In this discrimination case, the plaintiff filed a motion to compel email searches, arguing that the defendant’s initial searches were...more

Proportionality makes a comeback

After seemingly endless years of rulemaking, the first decisions applying the amended Federal Rules of Civil Procedure have begun to trickle out. Not surprisingly, there have been no game changers to date, but early signs...more

Court Emphasizes the Importance of Proportionality and The Addition of New Proportionality Factors in Rule 26(b)(1) (Georgia)

Herrera v. Plantation Sweets, 2016 WL 183058 (S.D. Ga. Jan. 14, 2016) - In this case, the court held that the defendants had failed to comply with discovery requests and granted the plaintiffs’ motions to compel an...more

Penalty Declined – Party Escapes Summary Judgment Despite Evasive Discovery Responses

On February 17, 2016, the Court of Appeal for the Fourth Appellate District in People ex rel. Government Employees Insurance Company (“GEICO”) v. Cruz (Court of Appeal D067061, Superior Court Case 37-2013-00029878),...more

Applying New Proportionality Requirements, Court Grants Motion to Compel and Orders Production of Unredacted Tax Returns and...

In this patent infringement action, Slide Fire Solutions, LP ("Slide Fire") moved to compel discovery responses from Bump Fire Systems ("Bump Fire"). Bump Fire also requested a protective order to prevent the disclosure of...more

Defendants' Motion Seeking to Depose Opposing Counsel Denied Where Defendants Could Not Show That Information Was Unavailable from...

After the plaintiff filed suit against the defendants for patent infringement, the defendants contended that they uncovered during discovery a series of e-mails demonstrating that in 2011, plaintiff engaged plaintiff's...more

E-Discovery Update: Jury Still Out on Whether New Federal Rules Will Significantly Impact Discovery

As noted in our December e-discovery update, the much-discussed amendments to the Federal Rules of Civil Procedure became effective December 1, 2015. One of the most notable amendments was the limitation on the scope of...more

Court Applies New FRCP 26, Awards Production of Documents (Texas)

Carr v. State Farm Mut. Auto. Ins. Co., 2015 WL 8010920 (N.D. Tex. Dec. 7, 2015) - In this auto accident case, the defendant sought to compel production regarding documents reflecting payments that the plaintiff...more

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

An Increased Emphasis on “Proportional Discovery”

Magistrate Judge Grewal has denied a motion to compel discovery because the requests were “disproportionate,” alluding to the requirement in newly amended Rule 26(b)(1), F.R.Civ.P., that the discovery sought should be...more

Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.

I don't draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to...more

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