Related By Tag: motion to compel

ECPA Amendment Could Require Warrants to Obtain Email

Several of the largest technological corporations and Internet companies have joined forces with organizations across the political spectrum to show support for a proposed amendment to the 1986 Electronic Communications Privacy Act (ECPA). In July, companies such as Adobe, Facebook, Google, Intel, Microsoft, Oracle, Twitter and Yahoo wrote a letter to the Senate advocating the passage of[…Read More]

California Interstate & International Depositions & Discovery Act

    CALIFORNIA CODE OF CIVIL PROCEDURE INTERSTATE AND INTERNATIONAL DEPOSITIONS AND DISCOVERY ACT SECTION 2029.100-2029.900 2029.200. In this article: (a) “Foreign jurisdiction” means either of the following: (1) A state other than this state. (2) A foreign nation. (b) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.[…Read More]

    How to Overcome Google’s Failure to Respond to Subpoenas

    Despite having an active litigation matter where discovery of Google Drive (formally Google Docs) or Gmail is needed to complete discovery, you may have recently received a notice from Google that says they will not respond to your subpoena unless it is served upon them in their local jurisdiction. This might have you and your[…Read More]

    Sample Motion to Compel

      Sign Up to Receive the FULL Sample Motion to Compel Sign Up Now – It’s Easy and Free Name: Email: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S PRODUCTION OF LAPTOP COMPUTER AND USB DEVICES NOW COMES the Plaintiff, XYZ GROUP, INC. (“XYZ”), and moves this[…Read More]

      Comrie v. Ipsco, Inc.

      Defendant’s Failure to Support Assertion Waives Attorney-Client Privilege 2009 WL 4403364 (N.D. Ill. 2009) On the plaintiff’s motion to compel production of ESI, the Northern District ruled that the defendant’s failure to support its assertion that an email was inadvertently produced waived the attorney-client privilege. During the discovery phase of a suit under the Employee[…Read More]

      Portis v. City of Chicago

      Plaintiffs’ Electronic Database Held Discoverable As A “Fact Work Product” 2004 WL 1535854 (N.D. Ill. 2004) The plaintiffs filed a class action suit against the City of Chicago for detaining people for hours after the completion of administrative processes associated with non-custodial ordinance violations. The plaintiffs had created a database that organized the names, and[…Read More]

      Super Film of Am., Inc. v. UCB Films, Inc.

      Party Cannot Shift Electronic Discovery Obligations Unless an Undue Burden Exists 219 F.R.D. 649 (D. Kan. 2004) In an action for breach of contract, the defendant filed a motion to compel the plaintiff to produce electronic versions of documents including e-mails, databases, and spreadsheets. In its response to the motion to compel, the plaintiff stated[…Read More]

      Capricorn Power Co. v. Siemens Westinghouse Power Corp.

      In this case, both parties requested a preservation order for documents to be used as evidence. Finding no definitive test outlining when to grant a preservation order, the District Court for the Western District of Pennsylvania formulated the following set of factors to consider: (1) the level of concern for the continuing existence and integrity[…Read More]