LifeBio, Inc. v. Eva Garland Consulting, LLC, No. 2:2021cv00722 - Document 49 (S.D. Ohio 2022)

Court Description: OPINION AND ORDER granting in part and denying in part 36 Motion to Compel, denying Plaintiff's request for attorney's fees, and memorializing the 9/8/2022 Discovery Hearing. Signed by Magistrate Judge Kimberly A. Jolson on 9/9/2022. (kk2)

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LifeBio, Inc. v. Eva Garland Consulting, LLC Doc. 49 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION LIFEBIO, INC., Plaintiff, Civil Action 2:21-cv-722 Judge Edmund A. Sargus, Jr. Magistrate Judge Kimberly A. Jolson v. EVA GARLAND CONSULTING, LLC., Defendant. OPINION AND ORDER This matter is before the Court on Plaintiff’s Motion to Compel (Doc. 36). On September 8, 2022, the Court held a Discovery Hearing to discuss ongoing discovery issues. (See Docs. 36, 38, 40, 46, 48). The Court issued several directives, which are summarized here. Plaintiff is ORDERED to identify five (5) communications from the privilege log for the Court to review in camera and notify Defendant of the selection by September 15, 2022. Defendant is ORDERED to send the selected communications to Chamber’s email (Jolson_Chambers@ohsd.uscourts.gov) within three (3) business days of Plaintiff’s notice. Next, Defendant is ORDERED to identify an individual involved in conducting ESI searches of their systems. This could be Ms. Borders, an IT specialist, or someone else better suited to provide the declaration. The Court notes that if Ms. Borders is the best individual to provide the declaration, her declaration will not be grounds for a waiver of the privilege. The individual SHALL provide a declaration describing how the search was conducted, including for example: What search terms were used, how many hits were returned, and how many documents were produced and on what day. Defendant is ORDERED to provide Plaintiff and the Court with the declaration by September 22, 2022. Within seven (7) days of the production of the declaration, Plaintiff SHALL provide Defendant with any follow-up questions. Within fourteen Dockets.Justia.com (14) days of the production of the declaration, the parties are ORDERED to file a status report regarding the issue. Plaintiff requested the Court order a forensic expert to conduct an audit of Defendant’s systems. The Court DEFERS ruling on this request until the declaration is produced and the parties file the status report. To allow compliance with the Court’s ruling, case schedule deadlines (see Doc. 47) are EXTENDED by forty-five (45) days. Finally, Plaintiff’s request for attorney’s fees is DENIED. Plaintiff may renew the request if it is warranted after the privilege log and declaration are reviewed. In sum, Plaintiff’s Motion to Compel (Doc. 36) is GRANTED in part and DENIED in part, consistent with this Opinion and Order and the reasoning provided at the hearing. IT IS SO ORDERED. Date: September 9, 2022 s/ Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE 2

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