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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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Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant

E-Discovery LLC

18, 2025) (“ Genesh IV ”), after several rulings adverse to Genesh, the court appointed a Special Master to facilitate the plaintiff EEOC’s discovery from the defendant , Genesh, Inc. A substantial amount of discovery took place before Ms. Genesh, Inc., 24-2445-DDC-ADM (D. 2000e-5(f)(1); however, Genesh asserted that Ms. Genesh, Inc.,

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The “Best Time” to File a Spoliation Motion

E-Discovery LLC

At the time of the spoliation motion, discovery was incomplete and no milestone for filing summary judgment motions had been set. The least disruptive time to undertake this is during the discovery phase, not after it has closed…. eds., “ Managing E-Discovery and ESI: From Pre-Litigation Through Trial ” (American Bar Assoc.

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Lawyers Seek Sanctions Against Trump Administration Officials for Defying Court Orders in Wrongful Deportation Case

Practice of Law

He’s singled out for possible personal sanctions due to his conduct during discovery. He recently pleaded not guilty to federal human smuggling charges. It remains to be seen if he will be released on bail. The Trump administration has asked Judge Xinis for more time to prove that they complied with court orders.

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Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. This includes knowing the rules, being on top your deadlines, and being able to find that sweet spot between receiving discovery responses and expert designations.

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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. Etame did not appear for his deposition on March 10, 2022. As a result, Ms.

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Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.