Affidavits, Discovery and Objections

Affidavits

Discovery

Objections

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

E-Discovery LLC

JULY 25, 2025

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. 5] “The rules also require objections to interrogatories and requests for production of documents to be made with specificity.” [6] 21, 2025)(Stafford, J.),

Discovery

Discovery Objections Affidavits Expert Testimony

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

E-Discovery LLC

JULY 23, 2025

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.

Discovery

Discovery Affidavits Litigation Objections

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

E-Discovery LLC

JULY 18, 2025

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.

Discovery

Discovery Litigation Burden Of Proof Legal Services

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

E-Discovery LLC

JULY 26, 2025

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. After several extensions of time and meet-and-confers, defendants responded with only objections.

Discovery

Discovery Depositions Objections Affidavits

Privilege Log Deemed Partially Inadequate

E-Discovery LLC

JUNE 19, 2025

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.

Discovery

Discovery Litigation Objections Affidavits

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

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.

Discovery

Discovery Interrogatories Affidavits Pleadings

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

E-Discovery LLC

APRIL 5, 2025

In previous blogs, I addressed decisions holding that Where Requests for Discovery were Overly Broad, No Privilege Log was Required (Oct. 12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Both Mr. Hall and MAIP objected to the subpoena on a number of bases. Baltimore Police Dept.,

Discovery

Discovery Subpoenas Objections Affidavits

Golden Oldie #2 – 40 Hours of Searching is Enough

E-Discovery LLC

APRIL 17, 2025

Plaintiff filed a motion to compel discovery responses. At the outset, the Court wrote that it is given great flexibility to order only that discovery that is reasonable for a case, and to adjust the timing of discovery and apportion costs and burdens in a way that is fair and reasonable. Emphasis added].

Discovery

Discovery Affidavits Objections Litigation

Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

E-Discovery LLC

MARCH 5, 2025

In Tremblay, after the second denial, the court continued: It appears that Plaintiffs now seek to litigate that issue for a third time, and by doing so, it appears that the objective of the courts initial ruling (i.e., His Honor added: Of course, the best solution in the entire area of electronic discovery is cooperation among counsel.

Discovery

Discovery Affidavits Technology Objections

The Federal “Official Information” Privilege

E-Discovery LLC

JULY 8, 2024

Plaintiffs moved to compel production of documents after an in-person meet and confer to attempt resolution, and after counsel “ participated in an informal discovery conference with the undersigned’s Judicial Law Clerk regarding the dispute. ” Therefore, it overruled the objection. at *1 (emphasis added). citation omitted). [2]

Affidavits

Affidavits Discovery Objections Evidence

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

OCTOBER 6, 2024

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. 4, 2024), quoting Khan v.

Evidence

Evidence Discovery Litigation Affidavits

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

E-Discovery LLC

MAY 22, 2025

In the probable cause affidavit: The detective supplied to the court the geographic coordinates of the gas service station and the fourteen-minute time window corresponding to the crime as recorded by the store surveillance camera. No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect.

Evidence

Evidence Witnesses Forensic Evidence Technology

Do You Really Need to Ask for Metadata?

Joshua Gilliland

FEBRUARY 23, 2016

The Court held it would be unduly burdensome for the Producing Party to produce the ESI with metadata after originally producing the discovery as paper. Review applications use the metadata to populate the database of “objective coding,” the information gleamed from the four corners of a document. AutomationDirect.com, Inc.,

Affidavits

Affidavits Objections Discovery Evidence

LegalWeek 2024 Special Part Two: Mollie Nichols and Mark Noel from Redgrave Data

3 Geeks and a Law Blog

FEBRUARY 8, 2024

A lot of what you see at legal week is you see the shiny objects. And so they like the message that we’re not trying to sell them a shiny object, something new to bring in to be that sort of silver bullet. And many times that’s in the discovery space. So that we can actually perhaps bring a little different message.

Education

Education Technology Objections Discovery

En Banc Fourth Circuit Geofence Decision is Splintered

E-Discovery LLC

MAY 7, 2025

In this case, Detective Hylton swore an affidavit for a geofence warrant for Google users location history. This blog was initially posted on Electronic Discovery Reference Model and JD Supra. Officers were out of traditional leads. See Marlo McGriff, Updates to Location History and New Controls Coming Soon to Maps, Google (Dec.

Precedent

Precedent Technology Evidence Affidavits

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

E-Discovery LLC

FEBRUARY 22, 2025

Judge Vargas modified Judge Engelmayers order to the extent it could be read in the way defendants objected to it. 1] After briefing and review of defense affidavits, none of which were available to Judge Engelmayer, the States narrowed their requested injunction. at *3 (Emphasis added). 11, 2025)(Emphasis added). Thats not political.

Affidavits

Affidavits Evidence Litigation Witnesses

Trial Strategy Today

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

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

Webinars

Trending Sources

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

Webinars

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

Privilege Log Deemed Partially Inadequate

Two Recent Decisions Imposing Sanctions for Discovery Failures

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

Golden Oldie #2 – 40 Hours of Searching is Enough

Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

The Federal “Official Information” Privilege

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

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

Do You Really Need to Ask for Metadata?

LegalWeek 2024 Special Part Two: Mollie Nichols and Mark Noel from Redgrave Data

En Banc Fourth Circuit Geofence Decision is Splintered

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

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