This case showcases the right way to negotiate with your opposition and involve the court when requesting data, which eventually led to a positive outcome for the requesting party.
In the breach of contract case, the plaintiff wanted to compel discovery based on the defendant’s “deficient” production after the parties could not find mutually agreeable production terms even with numerous negotiations.
Here is what that process entailed during the five months of motions and conferences between the two sides:
Download the PDF version of Grande v. U.S. National Assocation, Inc. case law alert here.
It’s imperative that when working to identify relevant and proportional e-discovery parameters that each side makes a “good faith” effort to find mutually agreeable terms. In most cases, the court will try not to rule on a motion to compel production unless the requesting party has exhausted alternative reasonable remedies. In this case that’s exactly what the requesting party did and the court rewarded the party by granting their motion to compel.