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“Diligent Search,” But No Responsive Data, is Insufficient Response

E-Discovery LLC

May 30, 2025), the EEOC prevailed on several discovery disputes. The agency moved to compel discovery responses. The EEOC also asked the court to order Mia Aesthetics to retain an e-discovery vendor. Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. Zubulake (Aug.

Discovery 130
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Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. Further: Where the asserted scheduling order violation involves a discovery failure, the trial court has wide discretion to determine what sanction, if any, is appropriate. Hyde , 2025 WL 79685 (Appl. at *1, 3, 8.

Discovery 130
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Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 10, 2025)(Austin, J.),

Discovery 130
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Amending a Complaint Does Not Circumvent a Prior Sanctions Order Barring “Claims” Evidence

E-Discovery LLC

The medical providers served discovery requests. The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. This opinion may not be cited as precedent within the rule of stare decisis. This is an unreported opinion.

Evidence 130
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The History of E-Discovery is Both Interesting and Important

E-Discovery LLC

E-discovery blazed across the litigation sky more than two decades ago. Ball, Electronic Discovery Workbook (2019), 47 n. E-discovery is more complex than paper discovery; but then, electric lighting is more complex than candles, and cars more complex than bicycles. Marcus, E-Discovery Beyond the Federal Rules, 37 U.

Discovery 130
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The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

Evidence 130
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Uber Technologies – Another Hyperlink Decision

E-Discovery LLC

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. Lorraine v. 534, 538 (D.