Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 86: Court Denies Discovery of Noise Data Requires on Proportionality Grounds”
We’re back from Relativity Fest in Chicago and ready to kick off a new decision for you in episode 86 of Case of the Week.
This week’s decision dated September 23, 2022 is in the In re 3M Combat Arms Earplug Prods. Liab. Litig., 2022 WL 4448917 (N.D. Fla. 2022) matter. We’ll discuss whether a party can be compelled to disclose noise exposure data automatically captured by smartphones and smartwatches. The decision comes from United States Magistrate Judge Gary R. Jones.
Keep reading or watch the video to understand the eDiscovery issues.
Introduction
Good morning, and welcome to Episode 86 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the Founder and CEO of eDiscovery Assistant, as well as the Principal at ESI Attorneys, and I’m very happy to be with you today. Thanks so much for joining me.
It was so great to see so many of you at Relativity Fest last week in Chicago. Really appreciate how much support we received for our Case of the Week broadcast, and a very special shoutout to Monica Schultz at Nyemaster Goode who’s a big fan of the broadcast. Thanks so much for being here with me each week. I really appreciate it.
All right let’s jump into this week’s decision from In re 3M Combat Arms Earplugs Product Liability Litigation. That is a mouthful. This is the 16th discovery decision in this case from Magistrate Judge Gary Jones, who is the United States Magistrate Judge in the Northern District of Florida. Judge Jones is a colleague of mine, a fellow member of the Planning Committee at the University of Florida Law eDiscovery Conference that’ll be held in February. He is a very thoughtful and prolific writer on discovery issues and has 39 decisions in our eDiscovery Assistant database.
