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- ilnd;;1:16-cv-11223_de528 RegisterActionDate "2020-11-09" @default.
- ilnd;;1:16-cv-11223_de528 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: In their Second Motion for Spoliation Discovery [497, 499], Plaintiffs sought "a forensic inspection of Ms. [Darcy] Klaus's computer(s), phone(s), and files at Vantiv's expense in order to identify how Ms. Klaus's data was destroyed and, if possible, recover it. Plaintiffs further seek the identity of the Vantiv employees who implemented Vantiv's apparently ineffective litigation hold process, so they can be questioned." The court has not granted this motion. Consistent with its obligation to monitor the proportionality of discovery and its cost (already extraordinary in this case), and concern for attorney-client privilege, the court has not authorized the broad inquiry that Plaintiffs are seeking. Instead, following a telephone hearing, the court ordered, in relevant part, that Vantiv "produce a witness for a brief deposition on document preservation, destruction, etc." Defendant Vantiv has moved to clarify that order. Vantiv reports that Plaintiffs have asserted that Plaintiffs believe they are entitled to question Vantiv attorneys and staff who implemented Vantiv's litigation hold process and that Vantif must identify all persons who implemented that process. Vantiv's motion 523 is granted. Plaintiffs are correct that neither counsel nor the court referred to the contemplated deposition as a Rule 30(b)(6) deposition, but what the court intended is akin to such a procedure. The court expects Vantiv promptly to identify an individual who can testify knowledgeably about its process for document preservation. The court expects the deposition of this witness may well alleviate concerns about spoliation. If it does not, Plaintiffs will be free to seek further relief. Notice mailed by judge's staff (ntf, ) (Entered: 11/09/2020)" @default.
- ilnd;;1:16-cv-11223_de528 AdministrativeID "525" @default.
- ilnd;;1:16-cv-11223_de528 hasReferenceToOtherEntry ilnd;;1:16-cv-11223_de526 @default.