Newmark Realty Capital, Inc. v. BGC Partners, Inc., 16-cv-01702-BLF (SVK). (2018)
Court: District Court, N.D. California
Number: infdco20180426a73
Visitors: 4
Filed: Apr. 25, 2018
Latest Update: Apr. 25, 2018
Summary: ORDER ON JOINT MOTION FOR DETERMINATION OF DISCOVERY DISPUTE RE DEFENDANTS' MOTION TO COMPEL ESI FROM PLAINTIFFS Docket No.: 279 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is the parties' Joint Motion for Determination of Discovery Dispute re Defendants' Motion to Compel ESI from Plaintiffs ("Motion"). ECF 279. The Court issued a tentative order on the Motion on April 19, 2018 (ECF 291) and held a telephonic hearing on the Motion on April 23, 2018. After consideration of the pa
Summary: ORDER ON JOINT MOTION FOR DETERMINATION OF DISCOVERY DISPUTE RE DEFENDANTS' MOTION TO COMPEL ESI FROM PLAINTIFFS Docket No.: 279 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is the parties' Joint Motion for Determination of Discovery Dispute re Defendants' Motion to Compel ESI from Plaintiffs ("Motion"). ECF 279. The Court issued a tentative order on the Motion on April 19, 2018 (ECF 291) and held a telephonic hearing on the Motion on April 23, 2018. After consideration of the par..
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ORDER ON JOINT MOTION FOR DETERMINATION OF DISCOVERY DISPUTE RE DEFENDANTS' MOTION TO COMPEL ESI FROM PLAINTIFFS
Docket No.: 279
SUSAN VAN KEULEN, Magistrate Judge.
Before the Court is the parties' Joint Motion for Determination of Discovery Dispute re Defendants' Motion to Compel ESI from Plaintiffs ("Motion"). ECF 279. The Court issued a tentative order on the Motion on April 19, 2018 (ECF 291) and held a telephonic hearing on the Motion on April 23, 2018. After consideration of the parties' submissions and arguments at the hearing, the Court ORDERS as follows:
This Order constitutes a court-ordered modification of the Stipulated Order regarding discovery of electronically stored information in this case, in which the parties agreed that the order "may be modified in the Court's discretion." ECF 168 at ¶ 1. Defendants may not substitute different search terms for those disallowed by the Court, notwithstanding the maximum number of hit terms set forth in the ESI Order or agreed to by the parties. In running searches in accordance with this Order, Plaintiff shall institute the measures discussed at the hearing to exclude "hits" in document letterhead or signature blocks.
ESI Term Order
1. "full-service" or "full service" The Court finds this search term, as revised on
[hit count: 36,829] April 4, appropriate.
Revised on 3/21 to: (offer! OR
provide! OR deliver!) AND ("full-service"
OR "full service")
[hit count: 31,843]
Revised on 4/4 to: (full-service OR
"full service") AND (debt OR equity
OR mortgage OR financ*)
[hit count: 3,151]
2. integrat* and firm The Court finds this search term, as revised on
[hit count: 3,261] March 21, appropriate.
Revised on 3/21 to: integrat* w/5 (firm
OR platform OR service* OR
company)
[hit count: 1,493]
3. Newmark Co* This search term must be revised to: Newmark
[hit count: 197,055] w/50 "Capital Group."
Revised on 3/21 to: (Newmark and
"Capital Group")
[hit count: 8,310]
4. "Berkeley Point" The parties must meet and confer on modifiers
[hit count: 3,065] to narrow this search term, e.g., narrower date
range and/or type of service provided by this
Revised on 3/6 to: same term for the affiliate of Defendants.
period January 1, 2010 to the present
[hit count: 3,065]
5. Berkeley This search term was withdrawn by
[hit count: 26,821] Defendants.
Revised on 3/6 to: same term for the
period January 1, 2010 to the present
[hit count: 25,708]
Revised on 3/21 to: Berkeley w/25
Financ! For the period January 1, 2010
to the present
[hit count: 3,330]
6. Knight The Court finds this search term, as revised on
[hit count: 9,888] April 4, appropriate. This search term is to be
run across all custodians that are subject to
proposed search term (j), discussed below.
Revised on 4/4 to: Newmark w/25
Knight
[hit count: 3,900 (for original
custodians); over 10,000 (for expanded
list of custodians applicable to term (j)
below)]
7. ARA The parties must meet and confer on modifiers
[hit count: 5,781] to narrow this search term, e.g., narrower date
range and/or type of service provided by this
Revised on 3/21 to: same term for the affiliate of Defendants.
period January 1, 2010 to the present
[hit count: 5,631]
Terms 8-19 Defendant has dropped these search terms.
The Court finds the terms to be overbroad and
thus appropriately replaced as part of the meet
and confer process.
20. Newmark and confus* This search term must be revised to: Newmark
[hit count: 11,749] w/50 confus*. This search term is to be run
across all custodians that are subject to
proposed search term (b), discussed below.
21. (other w/3 Newmark) The Court finds this search term is disallowed
[hit count: 10,217] because it overly broad, notwithstanding the
proximity locator.
22. Cantor The parties must meet and confer on modifiers
[hit count: 6,702] to narrow this search term, e.g., date range
and/or type of service provided by this affiliate
of Defendants.
23. Grubb The parties must meet and confer on modifiers
[hit count: 11,063] to narrow this search term, e.g., date range
and/or type of service provided by this affiliate
of Defendants.
24. Newmark and advertis* This search term must be revised to: Newmark
[hit count: 10,954] w/25 advertis*.
25. Milestone This search term must be limited to the period
[hit count: 4,354] January 1, 2015 to the present.
26. Shannon This search term must be limited to the period
[hit count: 6,896] January 1, 2015 to the present.
27. Syers The parties must meet and confer on modifiers
[hit count: 3,082] to narrow this search term, e.g., date range
and/or issue.
28. Yi The parties must meet and confer on modifiers
[hit count: 1,120] to narrow this search term, e.g., date range
and/or issue.
a. (trademark! or trademark or "trade The Court finds this search term appropriate
mark" or trade-mark) /50 Newmark
b. Newmark and Confus! This search term is unnecessary in light of the
Court's order on search term 20.
c. Name and confus* The Court rules that use of this search term is
disallowed because it is not proportional to the
needs identified by Defendants.
d. Newmark and Mistak* The Court rules that use of this search term is
disallowed because it is not proportional to the
needs identified by Defendants.
e. Name and Mistak* The Court rules that use of this search term is
disallowed because it is not proportional to the
needs identified by Defendants.
f. Newmark and name The Court rules that use of this search term is
disallowed because it is not proportional to the
needs identified by Defendants.
g. CCRE The parties must meet and confer on modifiers
to narrow this search term, e.g., date range
and/or type of service provided by this affiliate
of Defendants.
h. "New America Network" or "New The Court rules that use of this search term is
America" or NAN disallowed because it is not proportional to the
needs identified by Defendants.
i. Cornish The parties must meet and confer on modifiers
to narrow this search term, e.g., date range
and/or type of service provided by this affiliate
of Defendants.
j. Knight w/25 Newmark This search term is unnecessary in light of the
Court's order on search term 6.
Should any issues remain with respect to search terms for which the Court has ordered the parties to engage in further meet and confer, the parties must file a joint discovery letter brief that sets forth in a chart each disputed search term and the hit count for each and provides a column for this Court's ruling, no later than April 30, 2018.
SO ORDERED.
Source: Leagle
