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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. The Court stands ready and willing to mediate such legitimate disputes. 17, 2025), citing Marens v. Carrabba’s Italian Grill, Inc.,

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Multiplicity: I Got It — There’s a Lot of Them

Attorney at Work

Apparently, this was the mediation statement writer’s favorite word. An exception is for technical or precise words such as “affidavit.” Multiplicity. There were a multiplicity of this and a multiplicity of that. I suspected that the writer loves this word because it has so many syllables. What’s Wrong With “Multiplicity”.

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“Order on Proposed ESI Order” – Is There a Better Mousetrap?

E-Discovery LLC

The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” One alternative approach may be court-ordered mediation. Where there are unsuccessful efforts to agree to a discovery plan, however, there may be a better mousetrap.