Remove Affidavits Remove Depositions Remove Pleadings
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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.).

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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.

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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully. Hughey deleted the account off the HHI computers.