Third-party vendor discovery obligations are continuing to come into sharper focus as courts clarify what parties must do when key information sits with outside suppliers and service providers. In Lashify, Inc. v. Pro Lash, Inc. (D. Utah 2026), the court granted multiple motions to compel, requiring the defendant to actively seek manufacturing documents, materials, and purchase records from its foreign suppliers and to supplement prior productions that the court found incomplete.

Applying Rule 26’s relevance and proportionality standards, the court rejected arguments that the requests were burdensome or unnecessary, emphasizing that the information went directly to disputed manufacturing processes and potential infringement. The court also found that summaries, spreadsheets, and limited document productions were insufficient where underlying materials were needed to verify claims. Notably, the court held that “control” includes situations where a party has the legal right to obtain documents from third parties, ordering the defendant to make formal demands on its manufacturers and certify its efforts if unsuccessful.

The court further granted Lashify’s request for judicial assistance to engage in foreign discovery in the Republic of Korea and the Republic of Indonesia and granted a 60-day extension of deadlines due to outstanding ESI and unresolved questions stemming from deposition testimony.

This decision highlights a key takeaway for eDiscovery teams: parties cannot rely on third-party relationships, geography, or partial productions to limit discovery. Courts expect meaningful, documented efforts to obtain relevant data within a party’s control, particularly when that information is central to the claims and defenses.

If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Nicole Gill, Chair, Managing Member CODISCOVR. With almost a decade of experience, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many domestic and foreign jurisdictions.