Category Archives: Discovery

Litigation Funding Materials Ruled Irrelevant And Not Discoverable

Posted on June 20, 2020 by Steven Callahan

Here’s an important decision from Chief Judge Stark from the District of Delaware regarding the non-discoverability of communications with litigation funders. Chief Judge Stark found that defendants were not entitled to obtain discovery regarding (i) potential investments by third parties … Continue reading →

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Judge Godbey Strikes Deposition in Twitter Case: Party May Not “Moot” a Motion for a Protective Order By Unilaterally Proceeding With the Contested Conduct

Posted on February 15, 2018 by Steven Callahan

On December 12, 2017, Judge Godbey entered an order (available here) in Youtoo v. Twitter striking a deposition taken by Youtoo. In the case, Youtoo noticed a deposition, and Twitter filed a motion for a protective order within the three … Continue reading →

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Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

Posted on August 14, 2017 by Steven Callahan

On August 8, 2017, Magistrate Judge Toliver issued an Order (available here) in National Urban League v. Urban League of Greater Dallas & North Central Texas. The Order is worth a read as a reminder of some of the bad … Continue reading →

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Don’t Know Who To Sue? Magistrate Judge Toliver Lays Out The Procedure For Obtaining Discovery To Find Out

Posted on July 20, 2017 by Steven Callahan

On July 12, 2017, Magistrate Judge Toliver issued an Order in Mary Kay v. Ayon (available here) detailing how to obtain discovery to determine a defendant’s identity. In the case, Mary Kay (the plaintiff) filed a motion for leave to … Continue reading →

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Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Posted on June 17, 2015 by Steven Callahan

Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed … Continue reading →

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Federal Circuit Pulls Model Orders From Its Website

Posted on August 7, 2013 by Steven Callahan

We’ve previously discussed two model orders from the Federal Circuit Advisory Council: one dealing with e-discovery and the other dealing with limiting claims/prior art references. The Federal Circuit recently pulled these model orders from its website, and has issued the … Continue reading →

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Magistrate Judge Toliver Grants Summit 6’s Request for Increased Deposition Time in Patent Infringement Case

Posted on July 26, 2012 by Steven Callahan

Summit 6 has sued RIM, Samsung, Multiply, Facebook, and Photbucket for patent infringement in the Northern District of Texas.  On July 23, 2012, Magistrate Judge Toliver took up Summit 6’s request for additional deposition time to obtain discovery from RIM.  … Continue reading →

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The Model Order

Posted on March 19, 2012 by Steven Callahan

At this year’s Eastern District of Texas Bench Bar Conference, the Federal Circuit’s Chief Judge Rader gave a speech (attached) and introduced what is now known as the “Model Order” (located at the very end of the attached pdf) which deals … Continue reading →

Posted in Discovery, Practice Tips | Comments Off on The Model Order

Magistrate Judge Kaplan Issues Important Discovery Opinion in Patent Case

Posted on July 27, 2011 by Steven Callahan

On July 22, 2011, Magistrate Judge Kaplan issued an Order resolving a discovery dispute in Red River v. Verizon Services Corp. et al. (Order available here).  The patent infringement case was recently transferred from the Eastern District of Texas, and … Continue reading →

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