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Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

clearly sets out a series of rules governing discovery disputes. At a status conference, each party asserted that the other had not adequately responded to discovery requests. This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more information on Rule 26(g), see Golden Oldie #5 – Fed.R.Civ.P.

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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

In a case where the plaintiff seeks $24,000,000 in damages, the court stated: “Today we write the next chapter in this litigation, a case which threatens to become an epic of dysfunctional discovery…. The parties have long been embroiled in contentious discovery disputes.” Everlast Roofing , Inc. Wilson , 2025 WL 1959345 (M.D.

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Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege

E-Discovery LLC

EAG did not respond, and Mr. Riffle was granted leave to conduct discovery in support of a planned motion for default judgment. Once EAG produces an affidavit and Riffle has reviewed the privilege log, there will be a sufficient basis to resolve the remaining disputes, if any. Emphasis added]. emphasis added). ” Fisher v.

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Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

E-Discovery LLC

A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero v. Columbia submitted an affidavit stating that the protective order had a “tremendous chilling effect” on its advocacy in other matters. Stemilt AG Services, LLC, __ F. Phillips ex rel.

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

E-Discovery LLC

37-3 states: Unless the Court in its discretion otherwise allows, no discovery motions may be filed or heard on an ex parte basis absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party. Plaintiff is concerned about the clock ticking on its discovery cutoff, and rightly so.

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Privilege Log Deemed Partially Inadequate

E-Discovery LLC

Cooperation, proportionality, and transparency are always paramount in electronic discovery, including privilege logging. Negotiation of a discovery plan or ESI Protocol [1] addressing privilege logging is the best approach. See No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad (Apr.

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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

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.