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

E-Discovery LLC

May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their litigation position with facts. The agency moved to compel discovery responses. The EEOC also asked the court to order Mia Aesthetics to retain an e-discovery vendor. Zubulake (Aug.

Discovery 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. Forensic expert Craig Ball, Esq., State Bar Assn.

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. The principal function of a scheduling order is to move the case efficiently through the litigation process by setting specific dates or time limits for anticipated litigation events to occur. July 9, 2023).

Discovery 130
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Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

26(a)(2) governs discovery of expert testimony. The Jackson court cited Ninth Circuit authority for the proposition that the non-testifying expert rule is not intended to impede discovery about testifying experts. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc.

Discovery 130
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“Youth Social Media Judge Threatens Contempt Against State AGs”

E-Discovery LLC

12, 2024), discussing In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4125618 (N.D. The court applied the “legal right” test for what was in the litigants’ possession, custody and control under Fed.R.Civ.P.34. quoting Cook v. Meta Platforms, Inc., 2024 WL 4133811 (N.D.

Discovery 130
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Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

E-Discovery LLC

The court anticipated a large volume of ESI in diverse forms and, citing precedent, wrote: An ESI protocol has to be specific or it doesnt mean anything. One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere.

Discovery 130