Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian
E-Discovery LLC
JULY 1, 2025
A motion to compel the designation of an “apex” non-party document custodian was granted in In Re Mosaic LLM Litigation , 2025 WL 176001 (N.D. Cal. Jun. 26, 2025). The limiting “apex doctrine” generally does not apply to document custodians. Id. However, the stringent “apex doctrine” applied in this instance, due to the terms of an ESI Protocol.
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