Court Orders Supplelemtal Expert Report on New Hard Drive Evidence
2010 U. S. Dist. LEXIS 59000 (N.D. Ill. June 11, 2010)
In a case involving an alleged violation of the Telephone Consumer Protection Act (TCPA) due to the use of an automated fax advertisement service, the Northern District of Illinois ordered the defendant’s computer expert to issue a supplemental report after the plaintiff disclosed a previously unproduced hard drive.
Plaintiff CE Design sued under the TCPA after receiving an unsolicited fax advertisement for Cy’s Crabhouse via a third-party company, Business to Business Solutions (B2B). During discovery, Cy’s Crabhouse requested all documents in CE Design’s possession relating to other TCPA suits involving B2B. At issue was a list of fax numbers utilized by B2B to send advertisements.
B2B’s sole employee, Caroline Abraham, first asserted that she could not provide the requested fax numbers because they had been maintained by B2B’s parent company and she had lost any relevant data in a hard drive crash two years before. Counsel for Cy’s Crabhouse later learned, however, that Abraham had produced the requested information to CE Design’s counsel pursuant to a show cause order in a separate case involving B2B. Abraham had provided CE Design with backup tape data burned to a DVD, as well as the crashed hard drive. Cy’s Crabhouse later received a copy of the DVD but had not been granted access to the hard drive.
Cy’s Crabhouse moved to dismiss as sanction for CE Design’s discovery violations, including the failure to produce the requested hard drive. Shortly after the motion was filed against it, CE Design produced the missing hard drive.
The court found the failure to disclose the hard drive to be “somewhat more substantial” than the other alleged discovery violations. The court did not, however, find any prejudice to Cy’s Crabhouse because the hard drive had eventually been produced. Finding dismissal to be too severe a sanction, the court ordered Cy’s Crabhouse to submit a supplemental report from its computer expert based upon a forensic analysis of the hard drive. The court noted that it would assess the costs of the computer expert’s new report against CE Design if the hard drive data required material changes to the expert’s opinion in the case.
- Staff Recognized for Departing Employee Investigations - The first issue of Corporate Counsel Business Journal, CCBJ, includes an interview with our Director of Digital Forensics, Yaniv Schiff, and Solutions Architect, Curtis Collette, on the evolution of departing employee investigations. Departing Employee: When Do Investigations Become Necessary? appeared in the print publication, online edition, and on CCBJ’s In-House Tech website. For Increasing Numbers of Employers, Departing Employee Investigations[...Read More]
- Chicago Office Food Drive – The Results Are In - QDiscovery’s Chicago Office collected nearly 1,000 containers of food for the local food bank this Holiday Season! Our office competed with sister offices in Indiana and Connecticut. Alas, we came in third. Our sister offices each collected nearly 2,000 containers for their local food banks. Relatively new to the company-wide food drive, the Forensics Division[...Read More]
- QDiscovery Forensics Team Develops Award Winning App! - QDiscovery is winner of a 2017 Relativity Innovation Award. Presented at Relativity Fest, the award celebrates organizations that create apps or integrations that extend the functionality of Relativity’s eDiscovery software. Our development team created an application that makes the analysis of mobile collections much more manageable. Relativity users can now produce and review mobile device data[...Read More]
- Moving and Changing - Acquired by Connecticut-based QDiscovery in 2016, Forensicon’s capabilities multiplied overnight, both in forensics brain power and eDiscovery expertise. As part of a leading provider of end to end litigation support, moving to larger offices that are more central to the Chicago legal community was inevitable.
- QDiscovery Named One of the Top 20 Providers of Legal Services! - Leading industry publication, CIO Magazine, has named Forensicon’s parent company, QDiscovery, to it’s Top 20 Providers of Legal Services. The annual listing includes 20 companies that are at the forefront of providing legal solutions and impacting the marketplace. Read the whole article here. Featured in the publication alongside QDiscovery President, Dave Barrett, is Director of Digital Forensics, Yaniv[...Read More]