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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

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.),

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Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

26(a)(2) governs discovery of expert testimony. The Jackson court cited Ninth Circuit authority for the proposition that the non-testifying expert rule is not intended to impede discovery about testifying experts. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc.

Discovery 130
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Does a Settlement Agreement That is Silent on a Fee Claim Waive a Judicially-Reserved Claim for Attorneys’ Fees Based on a Discovery Violation?

E-Discovery LLC

The issue was whether a subsequent family law settlement agreement that did not expressly reserve a claim to attorneys fees for discovery violations waived that claim when the trial court had reserved ruling on it. In one order, the trial court declined discovery sanctions, but reserved on attorneys fees. Emphasis added].

Discovery 130
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Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

E-Discovery LLC

The court anticipated a large volume of ESI in diverse forms and, citing precedent, wrote: An ESI protocol has to be specific or it doesnt mean anything. One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere.

Discovery 130
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Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

E-Discovery LLC

MIDDLE DISTRICT PRECEDENT The Orlando Health court cited Middle District Discovery (2021) §VIII (requiring cooperation amongst counsel regarding discovery of ESI and encouraging counsel to discuss protocols for exchange of ESI) and Local Access, LLC v. Discovery Plan” (Jan. Section VIII.F emphasis added]. 13, 2023).

Discovery 130
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Protecting the Judiciary and the Rule of Law

E-Discovery LLC

In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr.

Discovery 162
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“Youth Social Media Judge Threatens Contempt Against State AGs”

E-Discovery LLC

The States and State Attorneys General “object[ed] to treating their respective state agencies as being subject to party discovery and insist[ed] that all of these agencies are third parties from whom Meta should seek documents by subpoenas under Federal Rule of Civil Procedure 45.” quoting Cook v. Meta Platforms, Inc., 2024 WL 4133811 (N.D.

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