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Bailey Indus. v. CLJP, Inc.

Bailey Indus. v. CLJP, Inc.

Case Date: 09/30/2010
Citation: Bailey Indus. v. CLJP, Inc., 270 F.R.D. 662
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal Magistrate Judge: Elizabeth M. Timothy
Rule(s): Rule 45

The Plaintiff filed a motion to compel documents responsive to its subpoena to the Defendant. The subpoena requested all emails related to the Defendant’s business relations with a non-party. The Defendant had responded by producing two emails. The Plaintiff asserted that the production was incomplete based on emails received by the non-party.


The court granted the motion to compel the production of emails and ordered the Defendant to conduct additional searches.

The Defendant had responded that they had produced all emails responsive to the subpoena and would not participate in further discovery unless the Plaintiff agreed to a clawback or protective agreement and turn over the emails from the non-party.  Additionally, the Defendant produced an affidavit by its information technology expert claiming that the search had been thorough. However, the court held that it had sufficient reason to believe more emails existed.

First, the Defendant failed to execute a confidentiality agreement. Second, the court held that the Defendant’s uncooperativeness had been an attempt to thwart the subpoena by producing only the emails the Plaintiff already had in possession. Third, the emails provided by the non-party demonstrated the existence of additional emails. Fourth, the court held that the search conducted by the Defendant had not been thorough.

Relevant Documents:

Plaintiff’s Motion to Compel (Doc. 1)

Defendant’s Response to Motion to Compel (Doc. 8)

Plaintiff’s Reply to Defendant’s Response to Motion to Compel (Doc. 14)

Order (Doc. 25)

E-Discovery Issues: Discovery Order, Motion to Compel
E-discovery Tags: Communication/Cooperation, Email, Keyword Search
E-discovery subjects: Email

Published: July 20th, 2020

Category: Uncategorized

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