Subscribe: LexisNexis® Mealey's™ Discovery Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_discovery.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
april  company  court  discovery  dist lexis  dist  documents  federal court  federal judge  federal  insurance  judge  lexis 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Discovery Legal News

LexisNexis® Mealey's™ Discovery Legal News



Headline Discovery Legal News from LexisNexis®



 



Supreme Court: Causal Link Necessary In Sanctions For Discovery Misconduct
WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear Tire & Rubber Co. v. Leroy Haeger, et al., No. 15-1406, U.S. Sup., 2017 U.S. LEXIS 2613).



Asbestos-Talc Defendant Accused Of Fraud Wants Plaintiffs' Counsel Sanctioned
NEWARK, N.J. - Class counsel's failure to comply with basic discovery obligations requires imposing sanctions and an order mandating compliance, a company accused of hiding and destroying evidence of asbestos-contamination of its talc 25-years ago told a federal judge in New Jersey on May 1. Meanwhile, the parties continue to battle over whether third-party attorneys and firms must turn over evidence relating to the underlying asbestos tort claims (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).



Florida High Court: Attorney-Doctor Referral Relationship Protected By Privilege
TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is discoverable as a means of determining potential bias by the physician in a personal injury lawsuit (Heather Worley v. Central Florida Young Men's Christian Association, et al., No. SC15-1086, Fla. Sup., 2017 Fla. LEXIS 812).



5th Circuit Orders Re-Examination Of Privilege Log In EEOC Bias Suit
NEW ORLEANS - A trial court must further examine an employer's privilege log in a bias suit brought by the Equal Employment Opportunity Commission as the employer has failed to establish that the 278 entries were protected under the attorney-client privilege, a Fifth Circuit U.S. Court of Appeals panel ruled May 4, vacating the trial court's judgment (Equal Employment Opportunity Commission v. BDO USA, L.L.P., No. 16-20314, 5th Cir., 2017 U.S. App. LEXIS 7965).



D.C. Federal Judge Orders More Document Production In Lawsuit Against PBGC
WASHINGTON, D.C. - A District of Columbia federal judge on April 13 ordered the U.S. Treasury Department to produce 63 documents it has withheld on the basis of the presidential communications privilege in a civil action against the Pension Benefit Guaranty Corp. (PBGC), saying that the subpoenaed material likely contains evidence directly relevant to issues that are expected to be central to the trial and that the evidence is not available with due diligence elsewhere (U.S. Department of the Treasury v. Pension Benefit Guaranty Corp. v. Dennis Black, et al., No. 12-mc-100, D. D.C.; 2017 U.S. Dist. LEXIS 56598).



Federal Magistrate Judge Says Some Emails Are Protected By Work Product Doctrine
FORT WAYNE, Ind. - None of the approximately 185 emails between an insured and two of its environmental contractors are protected by the attorney-client privilege; however, a portion of the emails on are protected by the work product doctrine, an Indiana federal magistrate judge determined April 14 after conducting an in camera review of the emails sought by an insurer in an environmental contamination coverage dispute (Valley Forge Insurance Co. v. Hartford Iron & Metal Inc., et al., No. 14-006, N.D. Ind.; 2017 U.S. Dist. LEXIS 57370).



Credit-Reporting Firm Defends Privilege In Forensic Consultant's Report
SANTA ANA, Calif. - In an April 21 brief in California federal court, Experian Information Solutions Inc. opposes a motion to compel by the plaintiffs in a putative data breach class action, contending that a forensic consultant's report on the breach constitutes legal advice that is exempt from discovery under attorney-client privilege and the work product doctrine (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).



Panel Finds Privilege Does Not Shield Patient Records From Investigatory Subpoena
LOS ANGELES - In a May 1 ruling, a California appeals panel majority ruled that the psychotherapist-patient privilege does not protect patient records from disclosure via an administrative subpoena issued in conjunction with an investigation into improper prescription practices, affirming in part a trial court's ruling compelling enforcement of three such subpoenas (Alisa Cross v. The Superior Court of Los Angeles County, No. B277600, Calif. App., 2nd Dist., 2017 Cal. App. LEXIS 398).



D.C. Circuit Finds CFPB's Investigative Demand On Accrediting Group Unenforceable
WASHINGTON, D.C. - Affirming a trial court's ruling, a District of Columbia Circuit U.S. Court of Appeals panel on April 21 found an investigative demand served by the Consumer Financial Protection Bureau (CFPB) on a college accreditation organization to be unenforceable because it did not comply with the notification requirements of the Consumer Financial Protection Act (CFPA) (Consumer Financial Protection Bureau v. Accrediting Council for Independent Colleges and Schools, No. 16-5174, D.C. Cir., 2017 U.S. App. LEXIS 6966).



Magistrate: Disclosure Of Foreign-Stored Google Data Permissible Under SCA
SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the statute that does not run afoul of the presumption against extraterritorial application of U.S. laws (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif., 2017 U.S. Dist. LEXIS 59990).



Judge Refuses To Quash Bank's Subpoena Over Financial Documents
COLUMBIA, S.C. - Finding that not all documents are privileged under the South Carolina Holding Company Regulatory Act, a South Carolina federal judge on April 10 declined to quash a subpoena in which a bank accused of mishandling reinsurance funds seeks an insurer's financial documents from state insurance regulators (Companion Property and Casualty Insurance Co. n/k/a Sussex Insurance Co. v. U.S. Bank National Association v. Redwood Reinsurance Spc. Ltd., et al., No. 15-01300, D. S.C., 2017 U.S. Dist. LEXIS 54182).



Magistrate Judge Denies Discovery Requests In Trade Secrets Lawsuit
CEDAR RAPIDS, Iowa - A fertilizer company's discovery requests in a subpoena of the owner of a competitor in a misappropriation of trade secrets lawsuit seek irrelevant information and create an undue burden on the owner, a federal magistrate judge in Iowa ruled April 17 in granting the owner's motion to quash (Nachurs Alpine Solutions Corp., f/k/a Na-Churs Plant Food Co., v. Nutra-Flo Co., et al., No. 15-4015, N.D. Iowa, 2017 U.S. Dist. LEXIS 58094).



Energy Supplier Seeks Assistance In Obtaining Discovery In Arbitration
NEW YORK- An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating equipment by the Commonwealth of Australia (In re Application of APR Energy Holdings Limited for Judicial Assistance in obtaining Evidence in this District for Use in a Foreign and International Proceeding Pursuant to 28 U.S.C. 1782, No. 1:17-cv-02784, S.D. N.Y.).



Supreme Court Declines To Review FOIA 'Agency Record' Question
WASHINGTON, D.C. - In its April 24 order list, the U.S. Supreme Court denied certiorari to the American Civil Liberties Union in the organization's request for clarification of the standard for when a document becomes an "agency record" that is subject to Freedom of Information Act (FOIA) requests (American Civil Liberties Union, et al. v. Central Intelligence Agency, et al., No. 16-629, U.S. Sup.).



State Farm Tells Texas Supreme Court ESI Protocol Is Burdensome
AUSTIN, Texas - In an April 21 brief to the Texas Supreme Court, filed in response to a post-oral argument brief by the real parties in interest in a dispute over the discovery submission form for electronically stored information (ESI) in an insurance coverage lawsuit, an insurer argues that a trial court's requirement that ESI submission be in the form requested by the plaintiffs did not properly balance relevance, needs and burdens under Texas law (In re State Farm Lloyds, No. 15-0903, Texas Sup.).



In Remanded False Claims Act Suit, Discovery Limited To Identified Properties
GULFPORT, Miss. - In a case concerning an insurer's False Claims Act (FCA) violations on Hurricane Katrina claims, a Mississippi federal judge on April 12 granted the parties' motions to reopen the case, which was remanded after a U.S. Supreme Court ruling, limiting initial discovery on those purported violations to properties previously identified in a list provided by the insurer (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).



Tribe, Government Get Discovery Delay In Row Over Planned Restructuring
SIOUX FALLS, S.D. - A South Dakota Indian tribe and the federal government received more time May 5 to decide whether to pursue discovery on the tribe's federal court challenge to a planned restructuring of the Bureau of Indian Education (BIE) (Cheyenne River Sioux Tribe v. Ryan Zinke, et al., No. 15-3018, D. S.D.).



Magistrate Judge Orders Discovery Disputes In Trade Secrets Suit Transferred
SAN JOSE, Calif. - Transferring discovery disputes to a Pennsylvania federal judge overseeing an underlying misappropriation of trade secrets lawsuit is proper because the judge has requested that all motions challenging subpoenas issued be transferred to him, a federal magistrate judge in California ruled April 12 in granting a company's motion to transfer discovery disputes against Yahoo! Inc. and Google Inc. (PPG Industries Inc. v. Jiangsu Tie Mao Glass Co. Ltd., Nos. 16-mc-80160 and 16-mc-8016, N.D. Calif., 2017 U.S. Dist. LEXIS 56316).



Police Officers Want Relief From Newspaper's Discovery Requests In DPPA Suit
CHICAGO - A group of Chicago police officers who sued a newspaper for violating the Drivers Privacy and Protection Act (DPPA) by publishing their personal information moved for a protective order in Illinois federal court on April 28, contending that the newspaper continues to seek improper and irrelevant information in discovery requests despite a previous order precluding it from doing so (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).



Judge Overrules Plaintiff's Objections To Order In Trade Secrets Suit
HOUSTON - A federal judge in Texas on May 2 overruled objections filed by a plaintiff in a misappropriation of trade secrets lawsuit in response to a federal magistrate judge's order allowing defendants to view certain confidential expert reports, finding that the plaintiff failed to show that the order was "clearly erroneous or is contrary to law" (Dresser-Rand Co. v. Schutte & Koerting Acquisition Co., et al., No. 12-184, S.D. Texas, 2017 U.S. Dist. LEXIS 66424).



Magistrate: Protective Order Not Warranted In Directors, Officers Coverage Dispute
TRENTON, N.J. - A New Jersey federal magistrate judge on April 17 denied an insured's motion for a protective order seeking to strike a subpoena's document request for "irrelevant and privileged" material from nonparty Wells Fargo Insurance Services USA Inc. in a directors and officers liability coverage dispute (Benecard Services Inc. v. Allied World Specialty Insurance Co., et al., No. 15-8593, D. N.J., 2017 U.S. Dist. LEXIS 57940).



Pennsylvania High Court Won't Review Ruling On Abuse Reporters' Testimony
HARRISBURG, Pa. - In a one-sentence per curiam order, the Pennsylvania Supreme Court on April 12 denied a petition for allowance to appeal from an order of a precedential state appeals court ruling that the state's Older Adults Protective Services Act (OAPSA) does not prevent people who report elder abuse from testifying in civil litigation (Vicki L. McLaughlin, et al. v. Garden Spot Village, et al., No. 764 MAL 2016, Pa. Sup., Middle Dist.).



Company Seeks Protective Order Preventing Deposition Of CEO In Battery Injury Case
OKLAHOMA CITY - One of the defendants sued in connection with injuries suffered by two workers when a lithium battery exploded during a hydraulic fracturing operation moved in Oklahoma federal court on April 17 for a protective order barring the deposition testimony of its CEO, contending that plaintiffs' counsel is deposing the executive in an effort to "harass" him (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al., and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).



Disability Claimant Permitted To Depose Independent Medical Consultant, Federal Judge Says
CHICAGO - A disability claimant is permitted to depose an independent medical consultant because a physician's potential biases could affect a decision regarding whether the claimant was actually disabled, an Illinois federal judge said April 10 (Becky Harding v. Hartford Life and Accident Insurance Co., No. 16-6700, N.D. Ill., 2017 U.S. Dist. LEXIS 54241).



Impact Of Deposition, Obstruction Briefed In California Asbestos Case
OAKLAND, Calif. - Parties to an Alameda County case have completed briefing a California appeals court on whether late-submitted deposition testimony creates trial issues in a couple's asbestos action (Keith Turley and Joy Ann Turley v. Familian Corp., No. A149752, Calif. App., 1st Dist.).



Judge Declines To Seal Docs In Reinsurer, Insurer Dispute Over Asbestos Coverage
SYRACUSE, N.Y. - Supporting documents pertaining to transcripts, arbitration filings and expert reports will not be sealed in a breach of contract dispute between an insurer and reinsurer over asbestos coverage, a New York federal judge ruled April 26 (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-cv-00196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-cv-00743, N.D. N.Y.).



Judge Orders Costa Rican Company To Produce Emails To Del Monte
MIAMI - A Florida federal magistrate judge on May 2 granted a request by Del Monte International GMBH for production of documents, finding that a Costa Rican entity did not meet its burden of establishing all the elements of the common interest doctrine in relation to the requested information (DelMonte International GMBH v. Ticofrut S.A., No. 16-23894, S.D. Fla.).



Federal Judge In NHL MDL Partially Grants, Denies Motion To Compel
MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on April 26 said the league will not be able to get most of the documents it requested from the Boston University Chronic Traumatic Encephalopathy Center (BU CTE Center) because of the heavy burden it would create on the center to gather all of the documents requested (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Judge: Oil Company May Request Discovery In Fracking Well Dispute
OKLAHOMA CITY - A federal judge in Oklahoma on April 5 ruled that an oil company could request discovery of some information pertaining to "other similar incidents" that it contends are related to the hydraulic fracturing well dispute it has with a fracking services company (Singer Oil Company LLC v. Newfield Exploration Midcontinent Inc., et al., CIV-16-768, W.D. Okla.).



Debt Collector Ordered To Turn Over Call Records To Plaintiff In TCPA Class Suit
CLEVELAND - Despite a previous finding by the court that a discovery request was unduly burdensome, a debt collector accused of placing auto calls to nonconsenting recipients must now turn over call records to the plaintiff after its own employee stated that it was possible to create a program to identify "wrong number" calls, an Ohio federal judge ruled April 13 (Deborah Meredith v. United Collection Bureau, Inc., No. 16-1102, N.D. Ohio, 2017 U.S. Dist. LEXIS 56783).



Reinsured Says Documents Sought By Reinsurer Have Nothing To Do With Case
BOSTON - An insurer told a federal court in Massachusetts on April 10 that the records sought by its reinsurer are irrelevant to the instant case and that by seeking these documents, the reinsurer is ignoring the tenets of the follow-the-settlements doctrine (Lamorak Insurance Company v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).



Insurer Says It Has Complied With Reinsurer's Request For Docs About Asbestos Coverage
SYRACUSE, N.Y. - In response to a reinsurer's request for documents concerning primary and umbrella policies at issue in asbestos coverage dispute, an insurer argues to a New York federal court in an April 7 brief that it has provided admissions, denials, responses and objections regarding the documents (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).



Judge Addresses Discovery On Documents Related To Reinsurance Agreement
LINCOLN, Neb. - A Nebraska federal judge on March 31 granted and denied in part a motion to compel information and documents concerning a reinsurance agreement and the relationship between a note and the reinsurance agreement (Applied Underwriters Inc. v. Top's Personnel Inc., No. 15CV90, D. Neb., 2017 U.S. Dist. LEXIS 49135).



Federal Magistrate Compels Insurer To Provide Notices With Co-Insurers, Reinsurers
CHICAGO - An insurer is compelled to provide notices with its co-insurers and reinsurers under a 1990 insurance policy, an Illinois federal judge ruled March 30, because the notices might reveal admissions from the insurer about the availability of coverage toward the settlement of lawsuits over the use of contaminated blood products (Baxter International Inc. v. AXA Versicherung, No. 11-cv-09131, N.D. Ill., 2017 U.S. Dist. LEXIS 48607).



Judge Orders Response From Blue Cross To Tribe's ERISA Document Request
BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income Security Act (Saginaw Chippewa Indian Tribe of Michigan, et al. v. Blue Cross Blue Shield of Michigan, No. 1:16-cv-10317, E.D. Mich., 2017 U.S. Dist. LEXIS 56562).



Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery
SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).



Plaintiffs' Discovery Request In Glyphosate MDL Is 'Unjustified,' Monsanto Says
SAN FRANCISCO - Monsanto Co. on May 5 filed a brief in the U.S. District Court for the Northern District of California arguing that it should deny the discovery request of a group of plaintiffs who sued the company as part of multidistrict litigation in which they allege that Monsanto is liable for their injuries from exposure to glyphosate, the active ingredient in the herbicide Roundup. Monsanto argues that the plaintiffs' attempt to delay discovery is "unjustified" and amounts to "gamesmanship" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).



New York High Court Deems Warrant Quash Denials On Facebook Nonappealable
ALBANY, N.Y. - A New York Court of Appeals majority on April 4 upheld an appeals court's ruling that Facebook Inc.'s motion to quash warrants seeking user information per the Stored Communications Act (SCA) was properly denied, finding that the order, which was in conjunction with a criminal investigation, was nonappealable (In the Matter of 381 Search Warrants Directed to Facebook Inc., No. 16, N.Y. App., 2017 N.Y. LEXIS 767).



Job Review Site Doesn't Have To Reveal Anonymous Poster, California Panel Rules
SAN JOSE, Calif. - A company asserting that an ex-employee revealed confidential information in anonymous postings on an employer review website failed to establish the proprietary nature of the information, a California appeals panel ruled March 10, vacating a trial court's ruling ordering the site to identify the employee (Glassdoor Inc. v. Superior Court of Santa Clara County and Machine Zone Inc., No. H042824, Calif. App., 6th Dist., 2017 Cal. App. LEXIS 213).



Judge: State Officials Immune From SCA Liability For Seized Electronic Records
MADISON, Wis. - A Wisconsin federal judge on March 16 found several state officials not liable for violation of the Stored Communications Act (SCA) in the seizure of an organization's electronic records as part of an investigation, finding the relevant warrants to have been issued in compliance with the statute and deeming the officials entitled to immunity under the act (The John K. MacIver Institute for Public Policy Inc. v. Francis Schmitz, et al., No. 3:16-cv-00539, W.D. Wis., 2017 U.S. Dist. LEXIS 36796).



Iowa Supreme Court Deems Hospital Safety Report Not Subject To Discovery
DES MOINES, Iowa - An Iowa morbidity and mortality statute shields a hospital's safety report from discovery in a patient's negligence suit, the Iowa Supreme Court ruled April 7, reversing a trial court order compelling its production (Dennis Willard v. State of Iowa, No. 16-1009, Iowa Sup., 2017 Iowa Sup. LEXIS 31).



GSK Must Produce Records For Justice Department Probe Of Zofran Off-Label Sales
BOSTON - A Massachusetts federal magistrate judge in the Zofran multidistrict litigation on April 6 granted a plaintiffs' motion to compel defendant GlaxoSmithKline LLC (GSK) to produce documents related to the U.S. Department of Justice's investigation into the off-label marketing of the anti-nausea drug suspected of causing birth defects (In Re: Zofran [Ondanestron] Products Liability Litigation, MDL Docket No. 2657, No. 15-md-2657, D. Mass.).



Court: IRS Must Disclose Tax Returns Of Tribal Workers In Classification Dispute
WASHINGTON, D.C. - A Native American tribe can seek through discovery tax return information from the Internal Revenue Service for people who worked for the tribe in an effort to avoid paying withholding taxes for workers the IRS reclassified from contractors to employees, the U.S. Tax Court held April 5 (Mescalero Apache Tribe v. Commissioner of Internal Revenue, No. 28120-14, U.S. Tax, 2017 U.S. Tax Ct. LEXIS 12).



Benicar MDL Plaintiff Experts Must Produce Patient Records Relied On In Reports
CAMDEN, N.J. - A New Jersey federal magistrate judge overseeing the Benicar multidistrict litigation on March 13 ordered plaintiffs to produce redacted records of Benicar patients on which two experts relied (In Re: Benicar [Olmesartan] Products Liability Litigation, MDL Docket No. 2606, No. 15-2606, D. N.J.).



Fracking Royalty Class Seeks To File Restricted Response To Dismissal Motion
DENVER - An oil and gas company that is a class representative in a royalty dispute with a hydraulic fracturing company on April 3 moved in Colorado federal court for permission to file a restricted revised response in opposition to the fracking company's motion for summary judgment to protect confidential business information (Phelps Oil And Gas LLC v. Noble Energy Inc., No. 14-2604, D. Colo.).



3rd Circuit Affirms Contempt Judgment For Refusal To Decrypt Devices
PHILADELPHIA - A child pornography suspect was correctly found to be in contempt when he refused to comply with a court order requiring him to provide law enforcement with access to external hard drives, a Third Circuit U.S. Court of Appeals panel ruled March 20, finding that the defendant's rights under the Fifth Amendment to the U.S. Constitution were not violated (United States of America v. Apple Mac Pro Computer, et al., No. 15-3537, 3rd Cir.; 2017 U.S. App. LEXIS 4874).



Government Says Discovery Conference Is Unnecessary In NSA Data-Collection Suit
WASHINGTON, D.C. - Citing a pending motion to dismiss a suit over the data-collection practices of the National Security Agency (NSA), the federal government defendants tell a District of Columbia federal court in an April 10 brief that a discovery conference the plaintiffs seek to compel is "uncalled for" (Larry Elliott Klayman, et al. v. Donald J. Trump, et al., Nos. 1:13-cv-00851 and 1:13-cv-00881, D. D.C.).



Louisiana Panel: Court Erred In Finding Case Abandoned Due To Unsigned Discovery
GRETNA, La. - A Louisiana appeals panel on March 15 reversed a lower court's dismissal of a lawsuit alleging that an insured breached a partnership agreement involving the opening of a new restaurant/bar and nightclub, concluding that the lower court erred in granting motions by the insured and his professional liability insurer to dismiss the case due to abandonment (Marlen Nunez v. Cesar R. Burgos, et al., No. 16-CA-568, La. App., 5th Cir.).



ACLU Asks High Court To Review FOIA 'Agency Record' Standard
WASHINGTON, D.C. - In a case arising from a Freedom of Information Act (FOIA) request for a Senate Select Committee on Intelligence (SSCI) report on the Central Intelligence Agency's detention and interrogation program, the American Civil Liberties Union (ACLU) in an April 3 reply brief asks the U.S. Supreme Court to clarify the standard for when a document becomes an "agency record" that is subject to FOIA requests (American Civil Liberties Union, et al. v. Central Intelligence Agency, et al., No. 16-629, U.S. Sup.).



Group Seeks Encrypted EPA Communications In FOIA Lawsuit
WASHINGTON, D.C. - A government watchdog group on March 21 filed a complaint in District of Columbia federal court against the Environmental Protection Agency, alleging that the agency violated the Freedom of Information Act (FOIA), 5 U.S.C. 552, by not timely providing certain employees' communications that were sent using an encryption application (Cause of Action Institute v. Environmental Protection Agency, No. 1:17-cv-00509, D. D.C.).



Wrongly Disclosed Materials To Be Returned In Bad Faith Case; Counsel Disqualified
ORLANDO, Fla. - A Florida federal judge on March 30 found that privileged attorney communications were mistakenly submitted in response to an insurer's discovery request in an insurance bad faith lawsuit, leading the judge to affirm a magistrate's order compelling the documents' return to the plaintiff (Nadine Walker v. GEICO Indemnity Co., No. 6:15-cv-01002, M.D. Fla., 2017 U.S. Dist. LEXIS 47670).



Judge Finds Excess Insurer Waived Communications Privilege In Defects Claim File
CHARLESTON, S.C. - An excess insurer waived the attorney-client privilege on communications contained in its claim files with regard to the denial of a claim arising out of construction defects, a South Carolina federal judge held March 31 (ContraVest Inc., et al. v. Mt. Hawley Insurance Co., No. 15-00304, D. S.C., 2017 U.S. Dist. LEXIS 48638).



Magistrate Rules On Discovery Motions In Bad Faith Dispute Over Vandalism Claim
SEATTLE - A Washington federal magistrate judge on March 24 granted in part an insurer's motion for a protective order and denied in part insureds' motion to compel production of documents in a bad faith lawsuit arising from the insureds' $185,000 claim for vandalism damage (Stay@Home Design LLC, et al. v. Foremost Insurance Company Grand Rapids, Michigan, No. 16-1673, W.D. Wash., 2017 U.S. Dist. LEXIS 44734).



Judge Denies Monsanto's Motion To Seal Documents Regarding Dangers Of Glyphosate
SAN FRANCISCO - A federal judge in California on March 13 issued an order denying Monsanto Co.'s motion to seal documents that it submitted in connection with a motion to compel the testimony of a former official at a federal environmental agency pertaining to the harmful effects of glyphosate, the active ingredient in the herbicide Roundup (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



Insurer Says Information Party Wants Sealed Was Disclosed In Recent Decision
SYRACUSE, N.Y. - A nonparty insurer told a federal court in New York on March 7 that portions of the materials that an insurer in a reinsurance dispute wants to be placed under seal were publicly aired in a recent decision in a related case (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, and Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).



Counsel's Conduct Leads To Termination Sanctions In Trade Secrets Suit
SAN FRANCISCO - Ruling that plaintiff's counsel's conduct rose to the level of "insubordination" throughout the discovery process, a federal judge in California on March 9 dismissed a company's misappropriation of trade secrets lawsuit against its former CEO and several others and ordered termination sanctions (Loop AI Labs Inc. v. Anna Gatti, et al., No. 15-0798, N.D. Calif., 2017 U.S. Dist. LEXIS 34109).



Ohio Magistrate Won't Exclude Evidence As Sanction In Copyright Case
CLEVELAND - A copyright infringement plaintiff's request that evidence of expenses, deductions or allocations be excluded from the calculation of damages in connection with a defendant's alleged discovery abuses was denied March 7 by an Ohio federal magistrate judge (Design Basics LLC v. Petros Homes Inc., et al., No. 14-1966, N.D. Ohio, 2017 U.S. Dist. LEXIS 32066).



California Federal Judge Sides With Copyright Infringement Defendant
LOS ANGELES - On the heels of a March 9 recommendation by a California federal magistrate judge that a copyright infringement plaintiff should be sanctioned for failure to comply with a discovery order, a California federal judge on March 31 granted a defendant partial summary judgment with regard to 11 of 12 allegedly infringing fabric designs (Urban Textile v. Rue 21 Inc. and Mark Edwards Apparel Inc., No. 14-8285, C.D. Calif., 2017 U.S. Dist. LEXIS 49573).



Experian Data Breach Plaintiffs Seek Discovery Of Security Vendor's Documents
SANTA ANA, Calif. - In a March 25 motion, the plaintiffs in a putative class action over a 2015 data breach experienced by Experian Information Solutions Inc. asked a California federal court to compel production of post-breach investigative documents by a security vendor, disputing the defendant's claim that the documents are shielded by attorney-client privilege (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).



Judge Grants Motion To Compel Admissions From Chiropractor Accused Of Fraud
SEATTLE - A federal judge in Washington on March 7 ordered a chiropractor and his practice to submit better responses to State Farm Mutual Automobile Insurance Co.'s requests for information regarding treatments provided for patients that are subject to an alleged fraudulent billing scheme (State Farm Mutual Automobile Insurance Company v. Peter J. Hanson, P.C. d/b/a Hanson Chiropractic, et al., No. C16-1085RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 32719).



Apple Seeks Discovery Of U.K. Suit Documents In Wireless Tech Patent Case
SAN FRANCISCO - In a March 29 reply brief in California federal court, Apple Inc. defended its motion to compel discovery of documents from a lawsuit in the United Kingdom, contending that "they may bear on whether [Unwired Planet LLC's] damages demand" in the present patent case "constitutes a 'reasonable' royalty" (Unwired Planet LLC v. Apple Inc., No. 3:13-cv-04134, N.D. Calif.).



Purchase Of Retirement Home Is Relevant To Claim For Disability Benefits, Judge Says
WEST PALM BEACH, Fla. - Because certain circumstances regarding a disability claimant's move to Florida may be relevant to a claim for total disability benefits, a Florida federal judge on March 29 determined that a disability insurer is entitled to information regarding the claimant's real estate transactions (Mark Goodman v. Security Mutual Life Insurance Company of New York, No. 16-81742, S.D. Fla.; 2017 U.S. Dist. LEXIS 45966).



Reinsurer Wants To Know Why Reinsured Allocated Asbestos Losses The Way It Did
BOSTON - A reinsurer asked a federal court in Massachusetts on March 24 to compel its reinsured to supply documents relating to the allocation of asbestos-related losses (Lamorak Insurance Company v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).



Michigan Employees: Motion To Compel Flint Water Crisis Discovery 'Misguided'
DETROIT - Employees of Michigan who are being sued for liability connected to the lead-contaminated water crisis in Flint, Mich., on March 22 filed a brief in which they contend that the federal judge hearing the case should deny the plaintiffs' motion to compel discovery on grounds it is "a misguided attempt to compel" one of the defendants' experts to create documents for the plaintiffs which do not presently exist (Lawrence Washington, Jr., et al. v. Governor Richard Dale Snyder, et al., No. 16- 11247, E.D. Mich.)



Company: Discovery Sought In Lithium Battery Injury Case 'Unduly Burdensome'
OKLAHOMA CITY - One of the defendants sued in connection with injuries suffered by two workers when a lithium battery exploded during a hydraulic fracturing operation on March 17 filed a brief in Oklahoma federal court contending that its delay in responding to discovery requests is not a refusal to comply, but rather is due to the fact that the request is "overly broad and unduly burdensome" (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al., and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).



Halliburton: Residents In Drinking Water Case Not Complying With Discovery
OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) on March 16 filed a brief in Oklahoma federal court contending that residents who have sued the company alleging that it is liable for contaminating their drinking water are not complying with the company's discovery requests (Mitchell L. McCormick, et al. v. Halliburton Energy Services Inc., No. 11-1272 and Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).



Company: Motion To Compel Discovery In Well Interference Case Should Be Denied
OKLAHOMA CITY - A hydraulic fracturing company on Feb. 22 filed a brief in Oklahoma federal court arguing that the court should deny a motion to compel production of certain evidence sought by the oil company that has sued the fracking company for allegedly interfering with operations at one of its wells (Singer Oil Company LLC v. Newfield Exploration Midcontinent Inc., et al., CIV-16-768, W.D. Okla.).



Judge: Discovery Needed To Interpret Meaning Of Environmental Activities
NEWARK, N.J. - A federal judge in New Jersey on April 3 denied General Electric Co.'s (GE) motion to dismiss a lawsuit seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act for contamination at a site sold to a developer in 2015, ruling that discovery is needed to find the definition of "environmental response activities" in the indemnity and settlement agreement (ISA) (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, No. 16-6577, D. N.J., 2017 U.S. Dist. LEXIS 50265).



Deposition Of Former EPA Official Proper In Glyphosate Injury Case, Plaintiffs Say
SAN FRANCISCO - The Plaintiffs' Executive Committee (PEC) in the multidistrict litigation for those alleging injuries from the herbicide Roundup on March 14 filed an unredacted brief in California federal court arguing that it should be allowed to depose a former employee of the U.S. Environmental Protection Agency because there is evidence that he tried to "kill" the "glyphosate/lymphoma issue" for Monsanto Co., which manufactures Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



Judge Allows Reinsured To File Deposition Transcripts Under Seal
NEW HAVEN, Conn. - A federal judge in Connecticut on March 8 granted an insurer permission to file certain documents under seal, including deposition transcripts regarding an asbestos reinsurance dispute (Travelers Casualty and Surety Company, f/k/a The Aetna Casualty and Surety Company v. Century Indemnity Company as successor to Insurance Company of North America, No. 16-cv-00170, D. Conn.).



California High Court: Texts, Emails On Private Accounts Subject To Disclosure
SAN FRANCISCO - Government agencies' "[e]mployees' communications about official agency business may be subject to" disclosure under the California Public Records Act (CPRA) even if they were sent or received via personal email or phone accounts, the California Supreme Court ruled March 2, reversing and remanding an appeals court's decision (City of San Jose, et al. v. The Superior Court of Santa Clara County and Ted Smith, No. S218066, Calif. Sup., 2017 Cal. LEXIS 1607).



University Of Michigan Sued For Not Fulfilling 'Trump' Emails Records Request
LANSING, Mich. - The University of Michigan (UM) was hit with a lawsuit in Michigan court March 2, with a research and educational organization claiming that the university failed to comply with its request under the Michigan Freedom of Information Act (MFOIA) for copies of emails UM's president sent containing the word "Trump" (Mackinac Center for Public Policy v. University of Michigan, No. 17-000050-MZ, Mich. Clms.).



U.S. Supreme Court Hears Arguments On EEOC Subpoena Review
WASHINGTON, D.C. - A unitary abuse of discretion standard is the appropriate one to use when reviewing the Equal Employment Opportunity Commission's subpoena enforcement decisions, an attorney representing an employer argued before the U.S. Supreme Court on Feb. 21 (McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup.).



10th Circuit Affirms Denial Of Enforcement Of EEOC Subpoena
DENVER - The Equal Employment Opportunity Commission failed to establish a connection between a woman's discrimination complaint against her former employer and its request for information related to its investigation of a suspected companywide pattern or practice of discriminating against pregnant and disabled employees, a 10th Circuit U.S. Court of Appeals panel ruled Feb. 27, finding that a trial court did not abuse its discretion in declining to enforce the EEOC's administrative subpoena on the employer (Equal Employment Opportunity Commission v. TriCore Reference Laboratories, No. 16-2053, 10th Cir., 2017 U.S. App. LEXIS 3481).



8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case
OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress evidence obtained via the warrant (United States of America v. Kirk Cottom, No. 16-1050, 8th Cir., 2017 U.S. App. LEXIS 2789).



After Customer Consents, Amazon Submits Echo Data In Arkansas Murder Case
BENTONVILLE, Ark. - In an Arkansas judge's March 6 order, it was disclosed that Amazon.com Inc. submitted to law enforcement the recordings from an Amazon Echo device belonging to a murder defendant in compliance with a police warrant that Amazon previously sought to quash under privacy and free speech concerns (State of Arkansas v. James A. Bates, No. CR-2016-370-2, Ark. Cir., Benton Co.).



World Health Organization Documents On Glyphosate Not Protected, Monsanto Says
SAN FRANCISCO - Monsanto Co. on Feb. 9 filed a brief in California federal court arguing that the documents it seeks in a subpoena of nonparties in a glyphosate-injury lawsuit are not property of the International Agency for Research on Cancer (IARC); therefore, they should be turned over to the company (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).



Judge Quashes Insurer's Subpoena On Google Seeking Firm's Emails
SEATTLE - A federal judge in Washington on Feb. 7 quashed a subpoena served on Google Inc. by Allstate Insurance Co., finding that documents the insurer requested related to records from email accounts associated with a law firm accused of submitting fraudulent insurance claims are shielded from discovery by the Stored Communications Act (SCA) (Allstate Insurance Co. v. Lighthouse Law P.S. Inc., et al., No. C15-1976RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 17284).



Federal Circuit Upholds Polymer Firm's Sanctions In ITC Trade Secret Suit
WASHINGTON, D.C. - In light of the "staggering scale" of evidence spoliation conducted by a polymer manufacturer that was the target of an investigation by the U.S. International Trade Commission (ITC), a Federal Circuit U.S. Court of Appeals panel on Feb. 15 upheld the commission's imposition of discovery sanctions against the firm in the form of default judgment and an exclusion order (Organik Kimya Sav. Ve Tic., A.S., et al. v. U.S. International Trade Commission, et al., No. 15-1774 and 15-1833, Fed. Cir., 2017 U.S. App. LEXIS 2623).



Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District
NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).



Halliburton: Discovery, Trial Schedule Should Be Changed; Plaintiffs 'Misleading'
OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) on March 1 filed a brief in Oklahoma federal court, arguing that the district court should modify a scheduling order to extend the discovery deadline and change the date of trial plaintiff selection in a collection of lawsuits brought by residents who allege that the company is liable for their injuries by the alleged presence of perchlorate in the aquifer that supplies their drinking water (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).



Texas High Court Refuses To Rehear Ruling On Discovery Order In Hailstorm Dispute
AUSTIN, Texas - The Texas Supreme Court refused to revisit its ruling in a hailstorm coverage dispute that directed a lower court to vacate the part of its discovery order compelling production of management reports and emails and to re-evaluate the issue of sanctions against the insurer, according to its Feb. 17 orders pronounced (In Re National Lloyds Insurance Co., No. 15-0452, Texas Sup.).



New York Federal Magistrate: In Camera Review Of Insurer's Documents Is Necessary
NEW YORK - A New York federal magistrate judge on Feb. 6 found that an in camera review of an insurer's documents requested through discovery by a disability claimant is necessary to determine if the documents are protected under the work product doctrine or if the fiduciary exception to the attorney-client privilege applies (Cherylle McFarlane v. First Unum Life Insurance Co., No. 16-7806, S.D. N.Y., 2017 U.S. Dist. LEXIS 16433).



Judge: Most Of Amtrak's Claims Of Attorney-Client Privilege Should Be Sustained
BROOKLYN, N.Y. - A New York federal judge on Feb. 17 found that most of Amtrak's claims of attorney-client privilege should be sustained with some exceptions, adopting the majority of a special master's report and recommendation in a coverage dispute over environmental contamination (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 14-4717, E.D. N.Y., 2017 U.S. Dist. LEXIS 23680).



Cosby Accuser, Ex-DA Argue Relevance Of Criminal Case Filings In Defamation Suit
PHILADELPHIA - In a Feb.27 filing in Pennsylvania federal court, Andrea Constand, who has accused Bill Cosby of sexual assault, opposes a former Pennsylvania district attorney's motion to compel production of documents from her 2005 suit against Cosby, asserting that the documents are irrelevant to her present defamation/false light claim against the former DA (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).



New Jersey Federal Magistrate Rejects Allstate Discovery Motion As Overly Broad
TRENTON, N.J. - A New Jersey magistrate judge on Feb. 10 ordered that Allstate Life Insurance Co.'s motion to compel discovery from a third party in a breach of contract suit be denied as being overly broad and not proportional to the needs of the case (Allstate Life Insurance Co. v. Jeffrey Stillwell, et al., No. 15-8251, D. N.J., 2017 U.S. Dist. LEXIS 19087).



Judge Denies Objection, Says Magistrate Judge's Discovery Order Was Proper
SALT LAKE CITY - A federal judge in Utah on Feb. 13 denied an insolvent insurer's objection to a magistrate judge's order compelling discovery of certain categories of information sought by a group of the insolvent insurer's former directors and officers (Western Insurance Company v. Dick L. Rottman, et al., No. 13-cv-00436, D. Utah, 2017 U.S. Dist. LEXIS 20709).



Directors, Officers Object To Discovery Order Proposed By Insolvent Insurer
SALT LAKE CITY - A group of former directors and officers of an insolvent insurer told a federal court in Utah on Feb. 15 that a portion of a proposed discovery order should be removed because it could be misconstrued to require production of more than the documents originally defined by the court (Western Insurance Company v. Dick L. Rottman, et al., No. 13-cv-00436, D. Utah).



BU CTE Researcher Objects To NHL Seeking Her Research Material For Lawsuit
MINNEAPOLIS - A researcher at the Boston University Chronic Traumatic Encephalopathy (CTE) Center on March 2 told the federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation that the league is seeking raw research materials only to discredit her and her work so it can achieve its goals in the lawsuit (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL
MINNEAPOLIS - The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to "demonstrate with specificity" why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case
SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).



Nationwide Seeks Stay Of Discovery In Remanded Data Breach Class Actions
COLUMBUS, Ohio - In a March 2 motion in Ohio federal court, Nationwide Mutual Insurance Co. requests reconsideration of an earlier ruling declining to stay discovery in a pair of class actions over a 2012 data breach, arguing that the claims under the Fair Credit Reporting Act (FCRA) will likely be dismissed and calling the plaintiffs' discovery requests broad and burdensome (Mohammad S. Galaria, et al. v. Nationwide Mutual Insurance Co., No. 2:13-cv-00118, and Anthony Hancox, et al. v. Nationwide Mutual Insurance Co., No. 2:13-cv-00257, S.D. Ohio).



Federal Judge Stays Discovery In Professional Liability Insurance Coverage Dispute
TULSA, Okla. - A federal judge in Oklahoma on Feb. 21 granted a professional liability insurer's motion to stay discovery pending resolution of its motion for summary judgment in a dispute over coverage for an underlying breach of contract suit brought against the insured by a former business partner (Doug Schwegman, d/b/a Schwegman Insurance and Financial Services v. Continental Casualty Co., No. 16-0730, N.D. Okla., 2017 U.S. Dist. LEXIS 23780).



Chicago Moves To Quash Some Discovery In DPPA Suit Against Newspaper
CHICAGO - The city of Chicago on Feb. 28 asked an Illinois federal court to quash some of the discovery requests served on it by a newspaper alleged to have violated the Drivers Privacy and Protection Act (DPPA), arguing that some of the documents are protected by an earlier court order and the attorney-client privilege (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).



Russian Railcar Firm Seeks Jurisdictional Discovery Over Trade Secret Defendant
SAN JOSE, Calif. - In conjunction with its pending motion for discovery to establish California jurisdiction over a former employee accused of trade secret violations, a Russian railcar company on Jan. 17 filed a proposed order in California federal court, permitting it to subpoena Google Inc. to obtain information about the defendant's Gmail email account (OOO Brunswick Rail Management, et al. v. Richard Sultanov, et al., No. 5:17-cv-00017, N.D. Calif., 2017 U.S. Dist. LEXIS 8374).



New York Justice Orders Production Of Data In Native Format, Metadata
NEW YORK - Production of electronic documents in an asbestos dispute do not satisfy discovery requests where they are not in the requested format and lack metadata, a New York justice held in an opinion posted Feb. 3 (All Craft Fabricators Inc. v. ATC Assoc. Inc.,, No. 156897/13, N.Y. Sup., New York Co.; 2017 N.Y. Misc. LEXIS 323).



Magistrate Judge Largely Limits Discovery Requests In Ford Asbestos Case
BALTIMORE - While Ford Motor Co. must respond to discovery requests in an asbestos action, the plaintiffs' requests are overly broad and the company's responses can be limited to the vehicles and times in question, a federal magistrate judge in Maryland said Feb. 21 (Helen Thomas Fish, et al. v. Air & Liquid Systems Corp., et al., No. 16-496, D. Md., 2017 U.S. Dist. LEXIS 24188).



Request To Reopen Discovery Denied In Pom Wonderful MDL
LOS ANGELES - A California federal judge on Feb. 14 denied a request to reopen discovery, in an effort by plaintiffs to support a renewed motion for class certification, in a multidistrict litigation challenging the marketing of pomegranate juice, finding that the plaintiffs failed to demonstrate diligence (In re: Pom Wonderful LLC Marketing and Sales Practices Litigation, No. 10-2199, C.D. Calif., 2017 U.S. Dist. LEXIS 20854).