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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Nguh’s discovery requests, including requests for his address and phone number.

Discovery 130
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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

The affidavit further recited that the employee was expressly barred from accessing the records. She will be barred from using those materials as affirmative evidence in her case, even if the materials would have been obtained through discovery. This blog was initially posted on Electronic Discovery Reference Model and JD Supra.

Evidence 130
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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple. Leadenhall Capital Partners LLP , 2025 WL 942414 (S.D.

Discovery 130
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Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

E-Discovery LLC

to prevent delays and the stalling of the discovery process stemming from endless discovery disputes over methodology and search-term formulation) has been nevertheless frustrated. His Honor added: Of course, the best solution in the entire area of electronic discovery is cooperation among counsel. Victor Stanley, Inc.

Discovery 130
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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. He alleged discrepancies in the timestamps of some of the emails produced by Costco as part of the discovery. Rivera was filing meritless discovery motions.

Discovery 130
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“Order on Proposed ESI Order” – Is There a Better Mousetrap?

E-Discovery LLC

The court also wrote: “Quince’s September 5, 2024 letter violates the Court’s procedures for resolving discovery disputes, which requires the filing of joint discovery letters. The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” May 9, 2023).

Discovery 130
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The Federal “Official Information” Privilege

E-Discovery LLC

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Wallace, “Discovery of Government Documents and the Official Information Privilege,” 76 Colum.