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Archive for the ‘Magistrate Judge David J. Waxse’ Category

ABA Journal Looks at Judges who are E-Discovery ‘Rock Stars’

Posted by rjbiii on July 6, 2008

The most recent edition of the ABA Journal looks at a group of Judges who have provided guidance to the nation’s courts with respect to the ever-evolving law of E-Discovery:

“The law of e-discovery has largely been driven by a handful of federal judges who realized early on [that] electronic evidence was going to be a big issue in their courtrooms,” [E-Discovery consultant Mary Mark of Fios] says. “Fortunately, some of them have tackled it aggressively and have given guidance to a lot of other courts and judges.”

When new amendments to the Fed­eral Rules of Civil Procedure for handling electronically stored information went into effect on Dec. 1, 2007, dis­covery was supposed to become easier to manage. Before the new rules were put in place, it was left up to judges to rule on how to handle digital evidence in court—a problem so thorny it often took hundreds of pages in opinions to sort it out.

But even with the new rules, many massive opinions continue to be written on the e-discovery issue. And jurists like [David] Waxse, whom Mack describes as one of the more colorful judges around, are gathering an intense following.

The article spotlights Judges Waxse, Shira Scheindlin, John Facciola, Paul Grimm and Rudi Brewster.

Posted in Articles, Discovery, Judge Rudi M. Brewster, Judge Shira A. Scheindlin, Magistrate Judge David J. Waxse, Magistrate Judge John M. Facciola, Magistrate Judge Paul W. Grimm, Trends | Tagged: , | Leave a Comment »

Case Summary: Kraft Foods N. Am.; Discovery request for documents over a 7 year period not overly broad

Posted by rjbiii on September 11, 2007

Court ruled that a discovery request seeking documents from January 1, 1999 to [April 7, 2006] did not represent an overly broad temporal scope. Although the “last discriminatory act” for the purposes of the action at bar would have occurred in April 2004, information from the two-years and three-months prior to the April 2002 liability period may be relevant to demonstrate the pattern and practice of discriminatory conduct alleged by Plaintiffs. Moreover, defendants provided no evidence that production of documents for this twenty-seven month period would impose any burden on defendants.

Court ruled “not overly broad” in departmental or organizational scope discovery requests seeking documents relating to “sales representatives” and “region managers” in the Kraft Sales Organization over the objection of the responding party. Responding party had argued that because no plaintiffs had ever held the position of regional manager, individuals in those positions were not similarly situated to Plaintiffs, making the documents irrelevant to the matter at hand. The court disagreed, finding that the requests were not overly broad on their face; that defendant’s lack of assertion to demonstrate that discovery would impose a burden; and that although the title of “region manager” no longer exists, responding party should produce documents of the position regardless of its new title.

Court ruled discovery requests seeking documents for the “Kansas City Region” were not overly broad in geographic scope, because the motives behind employment decisions made by managers at the regional level were relevant to the matter at hand. Because the some of the wrongdoing was alleged to have occurred at a regional level within defendant’s organizational structure, the court found defining the geographic scope of the requests as the Kansas City region is reasonable. Johnson v. Kraft Foods N. Am., Inc., 238 F.R.D. 648 (D. Kan 2006).

Posted in 10th Circuit, Case Summary, D. Kan., Discovery Requests, Duty to Produce, Magistrate Judge David J. Waxse, Overly Broad Request, Scope of Discovery | Leave a Comment »