Teledyne Instruments, Inc. v. Cairns

Plaintiff moved to compel production of forensic images and devices, alleging discrepancies in the application and system metadata, and also moved to compel production of a production log. Defendant moved to compel entries on Plaintiff’s privilege log.

The Court denied Plaintiff’s motion to compel production of forensic images and devices, stating that any such discrepancies were not unusual and that Plaintiff did not explain why the discrepancies would be dispositive. Moreover, the Court saw no reason to expand discovery beyond the initial agreement and unfairly burden Defendant. Additionally, the Court denied Plaintiff’s motion to compel production of a production log in part, finding that Defendant maintained their Category 1 and 2 documents as they were kept in the ordinary course of business. However, the Court found that Defendant’s conversion of Category 3 documents did not produce them as kept in the ordinary course of business. The Court therefore ordered a production log of Category 3 documents identifying responsive documents. With respect to Defendant’s motion to compel, the Court granted Defendant’s motion and held Plaintiff needed to produce a categorical privilege log organizing the documents into categories to allow Defendant to assess validity.

Motion to Exclude Plaintiff’s Untimely Expert Reports and Related Testimony (Doc. 106) 

Motion to Compel Production of Forensic Images and Devices and Production Log (Doc. 109)

Motion to Compel Entry on Plaintiff’s Privilege Log of Certain Documents Predating Discovery (Doc. 111) 

Amended Motion to Compel Production of Forensic Images and Devices and Production Log (Doc. 120) 

Order on Motions for Miscellaneous Relief (Doc. 172)