107 results for 'cat:"Civil Procedure" AND cat:"Discovery"'.
J. Currault grants requests by the former owners of a bankrupt clinical laboratory, ordering a creditor suing them for fraud to respond with full and complete answers to discovery questions for the owners’ counterclaims. The creditor’s reference to court filings and memoranda are improper. Complaints and briefs are not verified and, therefore, do not provide admissible evidence, unlike a response to an interrogatory.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:22cv2570, NOS: Other Contract - Contract, Categories: civil Procedure, Evidence, discovery
J. Vilardo declines to stay claims contending debt collectors used threats and misrepresentations to coerce payments from consumers. The U.S. Supreme Court is expected to rule on the agency's funding structure this summer, but the agency has an interest in enforcing consumer protection laws, and performing discovery prior to the court ruling would not be unduly burdensome.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: February 26, 2024, Case #: 1:22cv29, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, Debt Collection, discovery
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: civil Procedure, Vehicle, discovery
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J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: civil Procedure, Tort, discovery
J. Perret finds that the trial court properly ruled in favor of Wells Fargo and dismissed the borrowers' reconventional demand for not complying with a discovery order. The borrowers' motion for the judge's recusal was untimely and did not identify any grounds for recusal. Also, the borrowers' failure to comply with the discovery order was willful, so dismissal was warranted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: February 7, 2024, Case #: CA-23-463, Categories: civil Procedure, discovery, Banking / Lending
J. Currault grants a request by a T.J. Maxx store allowing it to withdraw admissions to facts that had been deemed admitted when it responded past a deadline to a litigant's discovery requests for her slip and fall suit. Allowing the store to withdraw the deemed admissions at the early stage of the litigation is proper. Withdrawal of the deemed admissions is favored, as it will allow for resolution of the litigant's suit on its merits rather than procedural error. Further, withdrawal will not hurt the litigant's case, despite her protests of the store counsel's "abuses of professional courtesies."
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 7, 2024, Case #: 2:23cv5020, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Tort, discovery
J. Molberg finds that the lower court properly granted a protective order for the appellee company and denied certain discovery being sought by the appellant. The lower court "did not abuse its discretion in limiting the scope of discovery," as there was evidence to show that the requested discovery was "unduly burdensome." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 30, 2024, Case #: 05-21-00846-CV, Categories: civil Procedure, discovery
Per curiam, the appellate court grants mandamus relief and directs the trial court to vacate an order compelling the ex-wife to produce her cell phone for forensic examination in a divorce case. The order lacked provisions to protect the ex-wife's "privacy, privileges, or the confidentiality of non-responsive information."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 17, 2024, Case #: 14-23-00941-CV, Categories: civil Procedure, Family Law, discovery
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: civil Procedure, discovery, Contract
J. Poplin grants in part the parties' joint motion to seal confidential information. The parties have mostly supported their request to seal information "relating to third-parties, financial information, or alleged trade secret information." Also, the proposed redactions to the defendant company's memorandum in support of its summary judgment motion will be allowed.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: January 16, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: civil Procedure, discovery
J. Mays enters an agreed protective order governing the production of discovery in this case. The protected information may include "documents, tangible items, or information, including electronically stored information," which should be protected from public disclosure.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 12, 2023, Case #: 2:23cv2444, NOS: Environmental Matters - Other Suits, Categories: civil Procedure, discovery
J. Richardson grants, in part, the employee's motion to compel discovery, ruling the lack of preparation on the part of the employer's executive regarding specific questions allows for an additional deposition, but only to ascertain answers to those questions.
Court: USDC Connecticut, Judge: Richardson, Filed On: December 12, 2023, Case #: 3:20cv1716, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, discovery