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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…. 18, 2012)(“In reality, I struggled to fund the litigation and pay my personal bills.”… Everlast Roofing , Inc. For example, Ms.

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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. Benton filed suit, Hartley Hall propounded interrogatories and document requests. There are cases where litigants are being directed to support their discovery positions under oath. He failed to comply.

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Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. 14, 2024); Spoliation Motions Denied as Untimely – Another Wake-Up Call (Sep.

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E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

The change “signal[ed] to the court that it has the authority to confine discovery to the claims and defenses asserted in the pleadings , and signal[ed] to the parties that they have no entitlement to discovery to develop new claims or defenses that are not already identified in the pleadings.” H & M Henner & Mauritz, L.P.,

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A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

E-Discovery LLC

wrote: It is time, once again, to issue a discovery wake-up call to the Bar in this District: the Federal Rules of Civil Procedure were amended effective December 1, 2015, and one change that affects the daily work of every litigator is to Rule 34. Forrest, 2017 WL 773694, at *1 (S.D.N.Y. accord Avila v. Target Corp., 26(d)(3)(A).