E-Discovery LLC

JUNE 10, 2025

May 30, 2025), the EEOC prevailed on several discovery disputes. The agency moved to compel discovery responses. The EEOC also asked the court to order Mia Aesthetics to retain an e-discovery vendor. Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. Zubulake (Aug.

Discovery 130

Discovery Exhibits Precedent Evidence 130

E-Discovery LLC

FEBRUARY 23, 2025

7, 2025), the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. Plaintiffs supplemental response stated: Plaintiff objects to this interrogatory as compound. Plaintiffs supplemental response stated: Plaintiff objects to this interrogatory as compound.

Discovery 130

Discovery Interrogatories Objections Court Rules 130

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

DECEMBER 16, 2024

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. Etame appealed, arguing abuse of discretion in the imposition of discovery sanctions.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” NNI argued that Washington reneged and, as evidence, pointed to Washington allegedly “ignoring” its letter. Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….”

Objections 130

Objections Depositions Discovery Witnesses 130

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 10, 2025)(Austin, J.),

Discovery 130

Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. He asserted self defense. Standford v. Rule 4-263(n).

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 130

E-Discovery LLC

JULY 3, 2024

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

E-Discovery LLC

FEBRUARY 21, 2025

Defendants objected. As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. Discovery About Discovery, 37 U.Balt.L.Rev.

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

E-Discovery LLC

JANUARY 3, 2025

The Sterling court wrote that this court certainly does not want to issue rulings that encourage parties to file hair-trigger discovery disputes. 26, 2024)(serving party should not run to court); Discovery on Discovery (Apr. It is also interesting that IBM drafted sufficient to show discovery. at *2 (citation omitted).

Discovery 130

Discovery Evidence Objections 130

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

FEBRUARY 8, 2025

While not the focus of this blog, it is interesting that some of the evidence of the undue influence came from graphic text messages. In Sullivan , the appellant (Joan) was unsuccessful on a discovery issue because she had not asked the right question in discovery. Rules Form No. at *15 (Emphasis added; citations omitted).

Interrogatories 130

Interrogatories Discovery Trial Preparation Evidence 130

E-Discovery LLC

MARCH 8, 2025

Plaintiff essentially ignored its obligations under the discovery order and made no attempt to even contact a vendor until after the order was entered by Magistrate Judge Jackson. The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. 2] That objection was timely.

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The Court explained the dispute: Mr. Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

JUNE 20, 2024

Life is Short It is also a red flag when the court notes: “Since February of 2023, there have only been rare and brief occasions when the parties did not have some discovery dispute before the court.” There is nothing wrong with a little humor to provide a break in the monotony of this long and tedious discovery war.” June 17, 2024).

Discovery 130

Discovery Interrogatories Litigation Exhibits 130

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” Wiegand objected. 16, 2024)(Bredar, J.),

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

AUGUST 16, 2024

13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery. But that’s not true.” emphasis added]. However: The Court is not going to do that.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid.

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

APRIL 16, 2025

Discovery issues included, without limitation, whether email was discoverable, the late production by defendants of 80,000 responsive emails, proportionality, and a condemnation of boilerplate objections (called ipse dixit objections). I am going to follow this blog with several more blogs on older discovery decisions.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

MARCH 26, 2025

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery 130

Discovery Objections Litigation Healthcare 130

E-Discovery LLC

MAY 23, 2025

The court recited the general principles governing discovery and requests for production. 2013) (Absent evidence that [the defendant] is withholding documents in its possession, the court cannot issue an order compelling [the defendant] to produce documents it states it does not have.). at *2 (quotations and citations omitted).

Discovery 130

Discovery Evidence Court Rules Objections 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Evidence 130

E-Discovery LLC

MAY 11, 2025

Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. The court wrote that: Defendants allege that Vi3 intentionally deleted seven employees email accounts that contained relevant evidence shortly before filing this action.

Discovery 130

Discovery Litigation Evidence Admissibility 130

E-Discovery LLC

AUGUST 21, 2024

Plaintiff sought discovery of video footage “of an interaction” with her former manager and security personnel who had allegedly forcibly removed her from defendant’s premises. Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Victor Stanley, supra, 269 F.R.D.

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

JULY 8, 2024

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. ” Therefore, it overruled the objection. at *1 (emphasis added). at *2, 5 (emphasis added).

Affidavits 130

Affidavits Discovery Objections Evidence 130

E-Discovery LLC

JUNE 25, 2024

There were several other discovery disputes and the parties submitted emails, exhibits, and a declaration. Defendants added: According to Defendants, while the parties conducted multiple telephone conferences thereafter regarding Plaintiffs’ complaints as to Defendants’ discovery responses, the privilege log issue was never raised….

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

MAY 14, 2025

The decision begins: Before the Court is a discovery dispute that underscores the importance of counsel fashioning clear and comprehensive agreements when navigating the perils and pitfalls of electronic discovery. When it comes to discovery of text messages, Fed.R.Civ.P. 26(f)(3)(B) provides an under-used tool. Emphasis added].

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. The court admitted the composite video over objection.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

AUGUST 13, 2024

The Court “presided over a discovery dispute hearing related to Plaintiff’s motions to compel interrogatory requests and requests for production of documents, and related to a motion for a protective order filed by the Defendant.” Sometimes Discovery Disputes Do Not Bring Out the Best in Us – Part II (Jun. 7, 2024)(Simms, J.),

Discovery 130

Discovery Depositions Interrogatories Objections 130

Planet Depos

JUNE 17, 2025

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a “level playing field” is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Be sure you understand the question.

Depositions 78

Depositions Witnesses Objections Cross-Examination 78

E-Discovery LLC

SEPTEMBER 12, 2024

34 discovery requests propounded by defendant Meta Platforms, Inc., The choice of the test may, and often does, impact the outcome of a discovery dispute. 2024), applies the “legal control” standard to Fed.R.Civ.P. seeking documents from non-party State agencies in a lawsuit brought by 35 State plaintiffs. [1] 467, 482-92 (2016).

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

E-Discovery LLC

APRIL 22, 2025

Both sides objected to a report and recommendation of a special master. The court wrote: Plaintiffs could have issued such subpoenas years ago, but the record makes evident that they deliberately elected not to avail themselves of that readily-available procedure for obtaining third-party discovery. Vail Clinic, Inc.,

Subpoenas 130

Subpoenas Discovery Litigation Evidence 130

E-Discovery LLC

MARCH 27, 2025

The court added: Discovery tends to get confusing, sometimes irretrievably so, because attorneys often choose to make it that way as a strategy and refuse to take a reasonable view of what they actually need in discovery on one side and what they really should provide in discovery on the other side. Emphasis in original].

Discovery 130

Discovery Objections Litigation Exhibits 130

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips.

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

JANUARY 8, 2025

Reliance on Rule 33(d) is appropriate when the interrogatory requests objective facts that are obvious from the specified documents, but is generally inappropriate when the interrogatory asks a party to state its contentions or to state facts supporting its allegations. at *2 (cleaned up; citations omitted).

Interrogatories 130

Interrogatories Discovery Depositions Objections 130