E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Specific objections are required. And, ImpactHR responded without objection. 7, 2022). [2]

Objections 130

Objections Subpoenas Discovery Litigation 130

E-Discovery LLC

MARCH 2, 2025

the District Judge overruled objections to several rulings of the Magistrate Judge. Rolling discovery was not permitted: In August 2024, the Magistrate Judge decided that continuous rolling discovery after April or September 2023 would be unduly burdensome based on Defendants representations about it. The objection is overruled.

Discovery 130

Discovery Objections Litigation 130

E-Discovery LLC

OCTOBER 12, 2024

Because the discovery requests were so “overly broad,” the court held that no privilege log was required on the overbroad requests. July 17, 2024), the court held that no privilege log was required until scope of discovery objections were resolved. It then specified what must be produced.

Discovery 130

Discovery Objections Healthcare 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 13, 2024

District Court for the District of Maryland as the “ESI Discovery Supervisor” in a complex commercial case, with the task of “oversee[ing] the negotiation of an ESI protocol.” Then, the process led to the filing of a “Stipulated ESI Protocol and Discovery Plan.” Discovery Plan” (Jan. It was an honor to be appointed by the U.

Discovery 130

Discovery Mediation Litigation Objections 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

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

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….” Courts generally insist on timely presentation of discovery disputes. Discovery Guideline 1.f).

Objections 130

Objections Depositions Discovery Witnesses 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. State , 416 Md.

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 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. Nguh’s discovery requests, including requests for his address and phone number.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

JANUARY 4, 2025

17, 2024), the court rejected a demand that opposing counsel state under oath that counsel had properly conducted discovery. 26(g) (the stop and think rule regarding discovery) or Rule 37(a)(4) (evasive and incomplete discovery responses) to, or instead of, Rule 11. Trivest Partners L.P., 2024 WL 514015 (E.D. 6, 2024).

Discovery 130

Discovery Pleadings Objections Litigation 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 OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE.

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

E-Discovery LLC

FEBRUARY 26, 2025

7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer. In the first blog, I suggest that the Li court considered a subjective factor in an objective test. A second interesting aspect of Li is that the court permitted discovery relating to spoliation.

Discovery 130

Discovery Interrogatories Litigation Litigation Support 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

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. 26, 2024)(serving party should not run to court); Discovery on Discovery (Apr.

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

WA Bar News

NOVEMBER 12, 2024

1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. 1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. They will require a material change in the way many attorneys practice discovery. Illustration © Getty/benjamin lourenço BY DAN BRIDGES On Sept.

Depositions 105

Depositions Discovery Objections Exhibits 105

E-Discovery LLC

NOVEMBER 27, 2024

They produced documents and a privilege log, but objected to a deposition. OLPC raised three objections, none of which was successful. Second, Rule 45(d)(2)(B)(ii) protects a nonparty from any “significant expense” incurred in complying with an order to produce discovery. See generally: Who Can Object to a Subpoena?

Subpoenas 130

Subpoenas Discovery Depositions Objections 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

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

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

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. It has been almost seven years since the Hon.

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130

E-Discovery LLC

JUNE 24, 2024

2010)(emphasis added); see, e.g., Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. Furthermore, even when privilege objections are timely asserted, the failure to produce a proper privilege log generally constitutes waiver of the privilege objections.” In Bautech USA, Inc. Resolve Equip.,

Objections 130

Objections Interrogatories Discovery Litigation 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 Evidence 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

OCTOBER 18, 2024

The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).

Discovery 130

Discovery Objections Litigation Trial Preparation 130

Attorney at Work

MAY 28, 2022

They may call you or your client names, or make implied or overt threats (such as going to the court, or serving discovery requests that will make your life unbearable). Objectively summarize what was said, making sure to include the uncivil behavior.

Depositions 235

Depositions Objections Witnesses Discovery 235

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 31, 2024

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.

Interrogatories 130

Interrogatories Discovery Counterclaim Objections 130

E-Discovery LLC

FEBRUARY 8, 2025

In Sullivan , the appellant (Joan) was unsuccessful on a discovery issue because she had not asked the right question in discovery. The Appellate Court wrote that: In seeking to exclude certain claims for damages, the Motion in Limine was, in substance, a motion for [discovery] sanctions pursuant to Maryland Rule 2-433.

Interrogatories 130

Interrogatories Discovery Trial Preparation Evidence 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

AUGUST 25, 2024

Sometimes Discovery Disputes Do Not Bring Out the Best in Us , quoting M1 Holdings, Inc. Discovery requests should be specific. “Old” Sedona Paper Implements the “Specificity” Provision of Discovery Responses (Dec. New Sedona Primer Implements the “Bull’s Eye View” of Discovery Requests (Dec. Members 1st Fed.

Objections 130

Objections Discovery Manufacturing 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

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

JANUARY 15, 2025

Plaintiffs sought class certification discovery. It then pointed to an important omission in Defendants argument: Additionally, Defendants objection that the ESI protocol Plaintiffs propose is one-sided and, for that reason, should not be entered is unconvincing. Artsana USA, Inc., 2025 WL 50373 (S.D.

Discovery 130

Discovery Interrogatories Objections Depositions 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

DECEMBER 19, 2024

JBHH moved to quash the subpoena and also noted objections. j)) (Any discovery motion brought before the Court without personal consultation with the other party and a sincere effort to resolve the matter[, and without the inclusion of a certification that such effort was attempted,] may result in sanctions.). citing L.R. Fed.R.Civ.P.

Subpoenas 130

Subpoenas Discovery Objections 130