article thumbnail

Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision

E-Discovery LLC

There a producing party was ordered to expend 40 hours in responding and produce a good faith affidavit. That seems to be a Solomon-like resolution of the affidavit-of-counsel issue. Therefore, in the absence of any reasoned approach by counsel to these questions, we will address these issues for the parties. 2000)(Grimm, J.).

article thumbnail

“Heartless” Ex Parte Motion for Sanctions Denied Because There Was No “Fire”

E-Discovery LLC

The court “largely” granted the motion and, after defendants asserted that “they had conducted a reasonable inquiry into materials within their possession but had found no responsive documents,” the West court ordered defendants to submit an affidavit showing their efforts to respond. Emphasis added].

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. Bentons and (according to an affidavit) Ms. As a result, Ms.

article thumbnail

Golden Oldie #6 – Four Historical Search Decisions

E-Discovery LLC

The Victor Stanley Court made it clear that an expert in search design was not required; however, as in Equity Analytics , ipse dixit pronouncements from lawyers unsupported by an affidavit or other showing that the search methodology was effective for its intended purpose are of little value.

article thumbnail

Order Granting In Camera Review of Work Product Claim

E-Discovery LLC

If that is done, then: The party asserting privilege must establish an evidentiary basisby affidavit, deposition transcript, or other evidencefor each element of each privilege/protection claimed for each document or category of document. Victor Stanley, Inc. Creative Pipe, Inc., 251, 266 (D.

article thumbnail

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

E-Discovery LLC

Defendant, Leadenhall Capital, moved to compel additional discovery and 777 Partners moved for additional time to complete expert depositions due to a document production issue. It also moved for a protective order to prevent certain depositions.

article thumbnail

The Weight Of Lies: Understanding Perjury, False Statements, And Their Consequences In North Dakota

SW&L Attorneys Blog

It is usually written in sworn affidavits and declarations, documents requiring a notary, and applications obligating authenticity. It is also used audibly when swearing in witnesses for depositions and court proceedings, but in a different form. For related articles on jury duty , trials , and depositions , check out our blog.