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Case shelved under Reasonableness

Court Rules Parties Can Use TAR without Court Authorization

Entrata v. Yardi Systems
D. Utah October 29, 2018
Why This Case Is Important

While entering a TAR protocol may help promote cooperation between sides, it is not required. A party has the right to use TAR unilaterally without approval from the court or their opposition.

Ruling:
  • Magistrate judge rejects defendant’s motion. Without providing any evidence of deficiencies in the plaintiff’s productions, the court would not compel plaintiff to produce information around their TAR process.
  • A failed second try. Subsequently, the defendant tried its luck with the district court, which was again rejected, since full transparency into another side’s TAR process is not required unless the parties agreed upon a ESI search protocol. In this case, they did not.
  • No court approval needed to use TAR. Though courts will permit the use of TAR as articulated in the Da Silva Moore ruling, they do not mandate that the party obtain authorization from the court to use TAR.
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Download the PDF version of Entrata v. Yardi Systems case law alert here. 

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