Elkharwily v. Franciscan Health Sys., 2016 U.S. Dist. LEXIS 99795, 2016 WL 4061575 (W.D. Wash. July 29, 2016)

On July 29, 2016, the Washington District Court found that the requesting party is responsible for the costs to retrieve archived emails discoverable under Fed. R. Civ. P. 26(b)(1). In this case Plaintiff did not meet his burden to show good cause, which would have overcome Defendant’s showing that producing the archived emails was costly and burdensome. […]


Personal e-mail accounts discoverable in work-related claims, federal court held

On June 14, 2016, the United States District Court for the Eastern District of New York, held that personal email accounts may be searched with reference to a work-related dispute. In this civil rights case, Plaintiff motioned to compel Defendants to “search for and produce certain documents from their personal computers and email accounts.” Plaintiff pointed […]


Discovery can be used only for pled claims or defenses

On May 23, 2016, the United States District Court for the Southern District of New York determined that “just as a plaintiff may not take discovery regarding unpled claims, so a defendant is precluded from seeking discovery concerning unpled defenses”. In this intellectual property dispute, Defendants moved – among other requests – for an order […]


In discovery, you cannot simply allege burdensomeness: you must detail the reasons and make a good faith effort to comply with discovery request

On June 24, 2016, the United States District Court for the Northern District of Ohio, Eastern Division, determined that “a party cannot simply claim ignorance in order to avoid producing documents that are relevant to an opposing party’s claim or defense”. Plaintiff FDIC is the receiver of AmTrust while Defendant Ark-La-Tex is engaged in the […]


In a low-dollar-value civil rights suit, public value of accessing ESI might supersede monetary burden, federal court holds

On July 21, 2016, the United States District Court for the Northern District of Georgia, Atlanta Division, determined that in a low-dollar-value civil rights suit, the public value of allowing the opportunity to access relevant information far outweighs the asserted cost to retrieve such data. In this employment discrimination case, the Parties disagreed over “whether […]


GN Netcom, Inc. v. Plantronics, Inc., 2016 U.S. Dist. LEXIS 93299 * (D. Del. July 12, 2016)

On July 12, 2016, the federal District Court in Delaware imposed $3,000,000 punitive sanction on Defendant due to its “high degree of fault, its bad-faith intent to deprive GN of responsive documents, and the prejudice it has caused to GN’s case — along with the difficulties it has created for GN in “getting to the […]

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