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Kilpatrick v. Breg, Inc.

Kilpatrick v. Breg, Inc.

Case Date: 06/22/2009
Citation: Kilpatrick v. Breg, Inc., No. 08–10052–CIV, 2009 WL 1764829 (S.D. Fla. June 22, 2009)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Andrea M. Simonton

Plaintiff moved to compel production of electronically stored information, alleging Defendant’s production was incomplete.


Plaintiff’s motion to compel was granted in part. The Court allowed Plaintiff to hire an outside vendor at his own expense to search email archives and certain backup tapes for a limited amount of search terms, since there was evidence that Defendant knew about the chondrolysis issue several months before indicated in deposition testimony. However, the Court limited and balanced the discovery because Plaintiff’s surgery procedure was still over a year before any evidence of potential issues came to light.

Relevant Documents:

Motion to Compel (Doc. 96)

Motion to Compel Supplemental Responses to First Request for Production (Doc. 97)

Motion to Compel Supplemental Responses to Second Request for Production (Doc. 98)

Motion to Compel Supplemental Responses to Fifth Request for Production (Doc. 99)

Response in Opposition to Motion to Compel (Doc. 118)

Response in Opposition to Motion to Compel (Doc. 119)

Reply in Support to Motions to Compel (Doc. 152)

Order on Discovery Motions (Doc. 164)

E-Discovery Issues: Motion to Compel
E-discovery Tags: Cost Shifting, Costs, Data Backup, Data Recovery, Keyword Search, Preservation and Collection, Relevancy, Vendor
E-discovery subjects: Backup Tapes, Email

Published: January 30th, 2018

Category: Uncategorized

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