Discovery

Subscribe to Discovery via RSS

In a follow-up to Magistrate Judge Wang’s discovery order last week, in which the court denied defendants Microsoft and OpenAI’s motion to compel discovery for lack of relevance, on Monday Magistrate Judge Wang granted plaintiff New York Times’ motion to compel discovery, in part, to require the production of direct messages from defendants’ employees on X.com.Continue Reading Magistrate Judge Wang: State Law Prohibiting Employers’ Access to Employees’ Social Media Does Not Circumvent Federal Discovery

On Friday, Magistrate Judge Wang denied a motion to compel discovery brought by defendants Microsoft Corporation and OpenAI in an action relating to defendants’ use of plaintiff New York Times’ copyrighted works to train defendants’ large-language models.

Defendants sought to compel the production of plaintiff’s use of, and statements about, AI tools, asserting the evidence was relevant to their fair use defense. Plaintiff argued that the request was “neither relevant nor proportional to the needs of the case.”Continue Reading Magistrate Judge Wang: New York Times’ AI Use Not Relevant to Microsoft’s Fair Use Defense

In an Order last week, Magistrate Judge Wang chided the parties in a terrorism funding case for having filed a joint, 73-page discovery letter, consistent with a pattern of “protracted letter-writing campaigns” that have embroiled the Judge in “day-to-day supervision” of discovery.

She ordered the offending letter stricken, but an an earlier one (at 54 pages) appears to be the type of correspondence sparking the forceful order, in which she cited Charles Dickens’ fictional case Jarndyce v Jarndyce, as illustrating the problem: Continue Reading Magistrate Judge Wang Warns Against “Protracted Letter-Writing Campaigns” Over Discovery

Earlier this month, Judge Cote entered a default judgment against Dmitry Starovikov and Alexander Filippov in Google’s action seeking a permanent injunction against them as the operators of a blockchain enabled “botnet.” Judge Cote had entered a Temporary Restraining Order against the Defendants on December 7, 2021, covered here.

Google first sought entry of a default judgment in February after the named Defendants failed to respond to the Complaint, despite service by the methods authorized in the TRO. The default was entered by the Clerk of Court on February 8, but vacated by Judge Cote on Defendants’ motion, which argued “that they had not been served, that the Court lacked jurisdiction over them, and that they had meritorious defenses, including that Google had failed to state a claim against them.”Continue Reading Judge Cote Grants Google Permanent Injunction Against “Botnet” Operators, Following Failure to Cooperate with Discovery

In an opinion yesterday in a trademark case, Magistrate Judge Parker was critical of both sides to a discovery dispute for having issued boilerplate discovery requests and responses, in violation of the specificity contemplated by Rule 34:
Continue Reading Magistrate Judge Parker Reminds Parties That Boilerplate Request for “All Documents” and Boilerplate Objections Are Not Allowed

On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question to the census.  The question presented concerns whether it is appropriate to order discovery outside the administrative record (such as the deposition Judge Furman had earlier ordered of Commerce Secretary Wilbur…

In an opinion today, Judge Cote denied a motion to compel brought by the defendants in an SEC enforcement action relating to one of the SEC’s witnesses.  The defendants claimed that the witness gave inaccurate deposition testimony about having been disciplined at work for having harassed a former romantic partner, and so wanted more documents about the incident, and an additional deposition.  Judge Cote, who chose not to identify the witness by name, emphatically denied the motion:
Continue Reading Judge Cote Rejects SEC Defendants’ Attempt to Delve Into Stale, Highly Personal Affairs of SEC Witness

In an Order Friday in a case in which an Italian fashion company accuses Ivanka Trump’s fashion label of creating copycat shoes (see our coverage of the complaint here), Judge Forrest ordered Ms. Trump to appear for a two-hour deposition, notwithstanding her claims to have had no personal involvement in the underlying issues:
Continue Reading Judge Forrest: Ivanka Trump Must Sit for Deposition in Suit Over Copycat Shoes

In an opinion yesterday, Judge Hellerstein authorized discovery from the law firm Cravath under 28 U.S.C. § 1782 relating to a claim that the petitioning party planned to file, but had not yet filed, in the Netherlands against a Cravath client.

Judge Hellerstein rejected Cravath’s argument that, since the Netherlands case hadn’t been filed, the discovery was not (in the words of the statute) “for use in a proceeding in a foreign or international tribunal”:
Continue Reading Judge Hellerstein Authorizes § 1782 Discovery to Law Firm in Aid of Anticipated Dutch Suit Against Firm Client