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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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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

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Amendments to CR 26 and 30 Will Change Discovery and Deposition Practice

WA Bar News

They will require a material change in the way many attorneys practice discovery. This article will explain the changes effected by the rule amendments and, with respect to CR 26, provide context considered by the Civil Litigation Rules Revision Work Group in drafting the proposed amendments to illustrate their impact.

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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple.

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Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

E-Discovery LLC

MIDDLE DISTRICT PRECEDENT The Orlando Health court cited Middle District Discovery (2021) §VIII (requiring cooperation amongst counsel regarding discovery of ESI and encouraging counsel to discuss protocols for exchange of ESI) and Local Access, LLC v. Discovery Plan” (Jan. Section VIII.F emphasis added]. However, § VII.B

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Patent Litigation Firm is Seeking an Experienced Patent Litigator

IP Watchdog

A Texas-based patent enforcement firm seeks an experienced patent litigator. The ideal candidate would have experience managing patent enforcement cases, including routine motion practice, claim construction, discovery, pretrial preparation, trial, and appeal. for qualified candidates.