e-Discovery Docket Sheet

In a wrongful-death action, the plaintiffs brought three motions before the court to resolve numerous discovery disputes. The parties disagreed about the manner in which the searches for responsive documents contained within the defendants' electronic databases were to be performed, specifically focusing on the timing of production, the specific search terms to be used and the extent to which the plaintiffs would be allowed to participate in the search. The plaintiffs asked to participate in the search at the defendants' facility. The defendants opposed this request and stated that if the search terms could be agreed on in advance via e-mail, the defendant would locate the documents, conduct a privilege review and produce responsive documents. Finding both proposals deficient, the court, frustrated with the delay and inability of the parties to reach an agreement, entered an extensive discovery protocol and ordered the defendants to use a specified list of keyword search terms. The court also ordered a protocol to be followed regarding inadvertent disclosure of privileged information and set a deadline for completion of discovery. Williams v. Taser Int'l Inc., 2007 WL 1630875 (N.D.Ga. June 4, 2007).

Spoliation Sanctions Issued Based on
Reckless Disregard Of Preservation Duties;
Bad Faith Not Required