Mike Hamilton, Exterro: Expensive Production Request Deemed “Costly Fishing Expedition”

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Extract from Mike Hamilton’s article “Case Law Alert: Expensive Production Request Deemed ‘Costly Fishing Expedition'”

Pentel v. Shepard (D. Minn. Aug. 8, 2019) re-enforces that for a request for production to be deemed proportional, not only does the data need to be relevant to the case, but the data must help prove the requesting party’s claims or defense.

In this class-action privacy lawsuit, the plaintiffs sought to compel a non-party to produce information that would showcase what specific private data was improperly accessed by the defendants. In addition, the plaintiffs asked the defendants to review that data for responsiveness.

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