E-Discovery LLC

OCTOBER 15, 2024

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. Both the husband and wife sought discovery from TST. TST objected on, inter alia , lack of relevance and overbreadth. With no other factual predicate to support the objection, it was overruled. In Trusted Sci. &

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Specific objections are required. And, ImpactHR responded without objection. emphasis added).

Objections 130

Objections Subpoenas Discovery Litigation 130

E-Discovery LLC

APRIL 3, 2025

31, 2025), the court denied defendants request to stay discovery pending a ruling on defendants motion to dismiss the complaint. In denying the request to stay discovery, the Hernandez court first noted that it had wide discretion in controlling discovery. The stay was presented by plaintiffs motion to compel. cleaned up).

Discovery 130

Discovery Cross-Complaint Counterclaim Litigation 130

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 130

Discovery Subpoenas Objections Affidavits 130

E-Discovery LLC

MARCH 2, 2025

the District Judge overruled objections to several rulings of the Magistrate Judge. Rolling discovery was not permitted: In August 2024, the Magistrate Judge decided that continuous rolling discovery after April or September 2023 would be unduly burdensome based on Defendants representations about it. The objection is overruled.

Discovery 130

Discovery Objections Litigation 130

E-Discovery LLC

APRIL 10, 2025

The Sedona Conference has posted its Commentary on Discovery of Collaboration Platforms Data, Public Comment Version (Apr. 26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

SEPTEMBER 13, 2024

District Court for the District of Maryland as the “ESI Discovery Supervisor” in a complex commercial case, with the task of “oversee[ing] the negotiation of an ESI protocol.” Then, the process led to the filing of a “Stipulated ESI Protocol and Discovery Plan.” Discovery Plan” (Jan. It was an honor to be appointed by the U.

Discovery 130

Discovery Mediation Litigation Objections 130

E-Discovery LLC

OCTOBER 28, 2024

In doing so, FGH propounded discovery. Breach Litig., A Maryland State court recently held, as a novel issue, that non -parties served with a subpoena have standing to assert that the discovery request was overbroad or sought information that was not relevant. See What Objections May Be Raised to a Subpoena by a Non-Party?

Subpoenas 130

Subpoenas Objections Discovery Litigation 130

E-Discovery LLC

SEPTEMBER 4, 2024

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ Subrin, “Fishing Expeditions Allowed: The Historical Background of the 1938 Federal Discovery Rules,” 39 B.C. Rodriguez v.

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MARCH 13, 2025

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

Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

FEBRUARY 26, 2025

7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer. In the first blog, I suggest that the Li court considered a subjective factor in an objective test. A second interesting aspect of Li is that the court permitted discovery relating to spoliation.

Discovery 130

Discovery Interrogatories Litigation Litigation Support 130

E-Discovery LLC

JANUARY 4, 2025

17, 2024), the court rejected a demand that opposing counsel state under oath that counsel had properly conducted discovery. 26(g) (the stop and think rule regarding discovery) or Rule 37(a)(4) (evasive and incomplete discovery responses) to, or instead of, Rule 11. Trivest Partners L.P., 2024 WL 514015 (E.D. 6, 2024).

Discovery 130

Discovery Pleadings Objections Litigation 130

E-Discovery LLC

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….” Courts generally insist on timely presentation of discovery disputes. Discovery Guideline 1.f).

Objections 130

Objections Depositions Discovery Witnesses 130

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 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

JULY 3, 2024

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

WA Bar News

NOVEMBER 12, 2024

1 The amendments to CR 26 affect objections, supplementation, and disclosure of experts. They will require a material change in the way many attorneys practice discovery. CR 26(e), as amended, now imposes a self-executing duty to supplement and/or correct all discovery responses. (e) Amendments to CR 30 adopted effective Oct.

Depositions 105

Depositions Discovery Objections Exhibits 105

E-Discovery LLC

OCTOBER 17, 2024

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130

Discovery Depositions Interrogatories Settlement Negotiations 130

E-Discovery LLC

JUNE 20, 2024

Life is Short It is also a red flag when the court notes: “Since February of 2023, there have only been rare and brief occasions when the parties did not have some discovery dispute before the court.” Nor is it a positive development when that court wrote: “Things have never exactly moved along at a break-neck pace in this litigation.

Discovery 130

Discovery Interrogatories Litigation Exhibits 130

E-Discovery LLC

APRIL 16, 2025

Discovery issues included, without limitation, whether email was discoverable, the late production by defendants of 80,000 responsive emails, proportionality, and a condemnation of boilerplate objections (called ipse dixit objections). I am going to follow this blog with several more blogs on older discovery decisions.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. Hall, on behalf of MAIP, objected based in part on privilege. MAIP joined Mr. Halls objection and stated that it would share the documents with Mr. Halls objection and stated that it would share the documents with Mr. Halls counsel for review.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

NOVEMBER 27, 2024

It is alleged that the documents were then used by the mother in litigation against the sole member of OLPC. They produced documents and a privilege log, but objected to a deposition. OLPC raised three objections, none of which was successful. See generally: Who Can Object to a Subpoena? 1821(b) and 28 U.S.C.

Subpoenas 130

Subpoenas Discovery Depositions Objections 130

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. 13, 2024), the court began its decision of discovery issues with: “At the hearing Plaintiffs tried to walk back this [discovery] request and said it was limited to refund data, rather than a wholesale redo of non-custodial discovery.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

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 130

Discovery Affidavits Objections Litigation 130

E-Discovery LLC

MARCH 8, 2025

Plaintiff essentially ignored its obligations under the discovery order and made no attempt to even contact a vendor until after the order was entered by Magistrate Judge Jackson. The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. 2] That objection was timely.

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

JUNE 24, 2024

2010)(emphasis added); see, e.g., Court Excused Party From Waiver by Failure to Provide Specific Objections (Aug. Furthermore, even when privilege objections are timely asserted, the failure to produce a proper privilege log generally constitutes waiver of the privilege objections.” In Bautech USA, Inc. Resolve Equip.,

Objections 130

Objections Interrogatories Discovery Litigation 130

E-Discovery LLC

OCTOBER 18, 2024

The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).

Discovery 130

Discovery Objections Litigation Trial Preparation 130

E-Discovery LLC

MARCH 26, 2025

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery 130

Discovery Objections Litigation Healthcare 130

E-Discovery LLC

MAY 31, 2024

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.

Interrogatories 130

Interrogatories Discovery Counterclaim Objections 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Evidence 130

E-Discovery LLC

SEPTEMBER 25, 2024

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” Wiegand objected. 16, 2024)(Bredar, J.),

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

Steno

JANUARY 6, 2025

Executive Summary Challenge: After decades of litigation experience, attorney Mike Marzban recognized that colleagues were often too shy to provide candid feedback on his deposition technique. He needed an objective way to evaluate his performance and identify potential blind spots in his questioning strategies.

Depositions 52

Depositions Objections Discovery Litigation 52

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. 34 discovery requests propounded by defendant Meta Platforms, Inc., 34 discovery requests propounded by defendant Meta Platforms, Inc., It moved to compel production.

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid.

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

JANUARY 2, 2025

While Mr. Spivey asserted that the negotiated search terms defined the scope of discovery, and that they were narrowly tailored, API asserted that it need not produce nonresponsive or irrelevant documents. The Spivey court, however, looked to the litigants agreement. 29, 30, 33. Fed.R.Civ.P. Maryland Rule 2-401(g) is in accord.

Subpoenas 130

Subpoenas Objections Discovery Litigation 130

E-Discovery LLC

FEBRUARY 22, 2025

the court addressed a number of discovery disputes in this lawsuit by a terminated employee against her former employer. Defendants served discovery requests asking that plaintiff admit that she contemplated and anticipated litigation against her employer on December 12, 2022. The standard reasonableness is objective.

Litigation 130

Litigation Discovery Objections Admissibility 130

E-Discovery LLC

APRIL 22, 2025

Both sides objected to a report and recommendation of a special master. The court wrote: Plaintiffs could have issued such subpoenas years ago, but the record makes evident that they deliberately elected not to avail themselves of that readily-available procedure for obtaining third-party discovery. Vail Clinic, Inc.,

Subpoenas 130

Subpoenas Discovery Litigation Evidence 130