In a complex commercial litigation involving plaintiff Sound Around, Inc., a group of defendants requested a protective order under Federal Rules of Civil Procedure (F.R.C.P.) 26(b)(2) and 26(c). They argued that the plaintiff’s document requests were overly broad and not proportional to the needs of the case. 

The plaintiff served broad discovery requests, seeking documents related to six main categories: competing business activities, unlawful kickbacks, theft of company funds, misappropriation of trade secrets, trademark infringement, and tax returns. The defendants largely refused to comply, labeling the requests as excessive and irrelevant, though they acknowledged possessing responsive documents.

The court reviewed the defendants’ objections in light of the discovery rules, which emphasize relevance and proportionality.  The judge noted that, since the 2015 amendments to the rules, courts have expected parties to narrow discovery requests and be transparent and specific about objections.  As such, the defendants’ tactic of withholding responsive documents until a ruling on their motion was deemed improper, and both parties were faulted for failing to engage in a good-faith effort to resolve disputes without court intervention.

The court emphasized that Requests for Production (RFPs) must be closely tied to the allegations in the plaintiff's complaint, and ultimately the court issued a mixed ruling: partially granting the motion for a protective order by narrowing the scope and timeframe of the discovery requests but also directing both sides to fulfill their obligations under the rules of civil procedure. The judge criticized both parties for wasting the court’s time due to poor cooperation and warned that no extensions would be granted to the discovery schedule. The decision underscores the necessity for clarity, proportionality, and diligence in managing discovery disputes.

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.