In the case of Byte Federal, Inc. v. Lux Vending LLC d/b/a Bitcoin Depot, The Cardamone Consulting Group, LLC, and Huddled Masses, Inc., filed in the United States District Court, Middle District of Florida, Byte Federal initiated legal action alleging trademark infringement of its "BYTEFEDERAL" trademark. Initially, the lawsuit targeted Bitcoin Depot, but the complaint was later amended to include Cardamone and Huddled Masses for their involvement in advertising and marketing services linked to the infringement. The court's involvement intensified when Byte Federal issued a subpoena to Cardamone in May 2023, demanding the production of documents. Cardamone sought an extension and subsequently moved to quash the subpoena, arguing that it was overly burdensome and required the disclosure of confidential information. The court denied this motion in October 2023, leading to Byte Federal's motion to compel document production.

Magistrate Judge Sean P. Flynn analyzed the objections raised by Cardamone and found many to be boilerplate and insufficient, particularly those related to requests for production of documents concerning email accounts, website traffic data, and financial transactions. In the court's final decision, Byte Federal's motion to compel document production from Cardamone was partially granted and partially denied. The court emphasized the necessity of specific and substantiated objections in discovery disputes, criticizing Cardamone for relying on generic and unfounded objections. As a consequence, Byte Federal was awarded attorney's fees for the efforts involved in compelling compliance with the First Request for Production, while fees related to the subpoena compliance motion were denied since Cardamone produced the documents shortly after the motion was filed.

If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVER, 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, for assistance with motions to compel and all phases of the eDiscovery lifecycle.

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