Wagoner v. Lewis Gale Med. Ctr., LLC

3 Analyses of this case by attorneys

  1. A Self-Inflicted High Discovery Cost Does Not Render Information “Inaccessible”

    Zapproved LLCBrad HarrisOctober 6, 2016

    Wagoner v. Lewis Gale Med. Ctr., LLC, No. 7:15cv570 (W.D. Va. July 13, 2016). In Wagoner v. Lewis Gale Med.

  2. Best Practices for Proving Proportionality in Motions to Compel

    Fish & Richardson P.C.Ann MotlJanuary 3, 2018

    [8]Oxbow Carbon, 2017 WL 4011136, at *5 (finding it difficult to believe that where the CEO publicly commented on the importance and magnitude of the litigation, the CEO would not have unique information relevant to the litigation in his possession).[9]Wagoner v. Lewis Gale Med. Ctr., LLC, 2016 WL 3893135, at *3 (W.D. Va. July 14, 2016) (finding there was no undue burden where resisting party “did not preserve e-mails in an readily searchable format, making it costly to produce relevant e-mails when faced with a lawsuit”).[10]Gilead Scis., Inc. v. Merck & Co, Inc., No. 5:13-CV-04057-BLF, 2016 WL 146574, at *1 (N.D. Cal. Jan. 13, 2016) (denying discovery where the resisting party had produced discovery negating the information sought).

  3. March's Notable Cases and Events in E-Discovery

    Sidley Austin LLPMarch 17, 2017

    Id.4. In Wagoner v. Lewis Gale Medical Center, LLC, 2016 WL 3893135 (W.D. Va. July 14, 2016), Magistrate Judge Robert Ballou rejected defendant’s proportionality and cost-shifting claims to require the defendant to comply with a request for ESI and to bear the expenses associated with such production.In this employment discrimination suit, plaintiff was fired from his position as a security guard after 16 weeks of employment.