Respondents have satisfied Md. Rule 2-402(b)’s pre-motion requirements sufficient to justify their initial failure to disclose electronically stored information. Specifically, promptly after receipt of 50NL’s subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: • “[Avpro] objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably available to the Witness or whose collection and review unreasonably burdens the Witness, a non-party. . . . [Avpro] objects to producing any documentation that is not contained within its business records. [Avpro] objects to producing text messages.” • “[Avpro] objects to the Subpoena as unduly burdensome to the extent that [50NL …show more content…
Md. Rule 2-402(b)(2). The merits of Respondents’ contentions are addressed in Parts I (B), infra. Nevertheless, the plethora of notice that 50NL has received regarding the grounds for Respondents’ objection is more than sufficient so as to permit this Court to reach the questions as to whether the requested discovery is unduly burdensome or costly, and whether 50NL’s need outweighs the burden and cost. II. The Discovery Requested by 50NL is Unduly Burdensome and Costly, and 50NL’s Need Does Not Outweigh Avpro’s Burden and Cost. The relevant inquiry in this matter is whether the discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has shown that its “need for the discovery outweighs the burden and cost of locating, retrieving, and producing the information.” Md. Rule 2-402(b)(2) (emphasis added). Notably, the plain and unambiguous text of this rule indicates that upon a prima facie showing of undue burden or cost, 50NL must affirmatively show that its need for the discovery outweighs Avpro’s burden and cost
This is not an easy paragraph to satisfy. The showing that must be made before the motion will be granted under this provision is that the evidence is not only “newly-discovered”, but that it is evidence of such quality that it will “probably”, not merely “possibly”, change the result in the case. And the movant should also show why, with reasonable diligence, the evidence could not have been discovered in time for the trial, or at least in time to move for a new trial under CPLR 4404. (The time for the post-trial motion is tight. See CPLR 4405 and the Commentary on it.)
A Subpoena is a legal document or order requiring an individual to appear, and usually to testify, in court on a certain date
What legal concerns does the data analysis at invincibility raise? How should the company address those issues?
Case Significance: This case is important because it created the “inevitable discovery” and overall broadened the exceptions to the exclusionary rule. Evidence that would’ve been found through other legal measures are admissible. It’s a safety net, in the way that it doesn’t require courts to examine the constitutional infractions and rather focuses on increasing the probability of a
The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure?
Citation: New Jersey v. T. L. O. 469 U.S. 325 105 S. Ct. 733; 83 L. Ed. 2d 720; 1985 U. S. LEXIS 41; 53 U.S.L.W. 4083.
Woodroof shouted at the FDA during a town hall meeting “People are dying. And y’all up there are afraid that we’re gonna find an alternative without you.” This was Woodroof’s way of saying that the FDA only backs up the pharmaceutical companies because they will give the FDA incentive to put the stamp of approval on their product. “You see the pharma companies pay the FDA to push their product. They don’t want to see my research. I don’t have enough cash in my pocket to make it worth their while” he explained. This is the error the patients see in the American healthcare system, the FDA was hesitant to license new drug therapies and also didn’t want to let patient’s tryout with their own medications. AIDS patients felt like they were denied access to life-saving drugs by an insensitive federal government. Author of the book, HIV and The blood Supply, Lauren B. Leveton suggested that “The evaluation of policy decisions and actions taken over a decade ago is a problematic enterprise.” Even Woodroof’s doctor has concerns about the pharma company that makes AZT when she asks another doctor “Doesn’t it drive you a little bit crazy to see these guys talking about curing the sick while flashing their gold
Jim Philips is the attorney for Karen Munstrom. Karen is filing suit against Howard Doe in a domestic dispute. Jim Philips sends Memorial Hospital an original authorization that is signed and dated by Karen Munstrom. The authorization, addressed to your hospital, includes the dates of the records requested. The authorization does not state the type or subject of the information to be disclosed. The records of Ms. Munstrom are related to a stay for alcohol rehabilitation.
PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer.
GSMC and Ocwen objected to the statement and the objection was sustained. “[W]ith respect to evidentiary rulings on admissibility generally and rulings with respect to relevance specifically, the trial judge is vested with wide, wide discretion.” Schmitt v. State, 140 Md. App. 1, 17 (2001). Here, Sucklal was prohibited from testifying as to the contents of the correspondence because Md. Rule 5-1002 requires that “[t]o prove the content of a writing . . ., the original writing . . . is required, except as otherwise provided in these rules or by statute.” Likewise, Sucklal was prohibited from testifying as to statements made by the author of the correspondence because Md. Rule 5-802 generally prohibits the admission of “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Md. Rule 5-801(c). Finally, litigants must be afforded “a reasonable opportunity to present material that may be pertinent to the court’s decision as required by Maryland Rule 2-501.” Balt. Street Builders v. Stewart, 186 Md. App. 684, 691 (2009). Sucklal, however, was not denied an opportunity to oppose GSMC and Ocwen’s motion for summary judgement. Indeed, Sucklal failed to respond to the motion for summary
In order to have better understanding, data from the manufacturers is reviewed below which will also show whether the manufacturers of these products behaved ethically as well as what needs to be reconsider with respect to the use of incretin-based therapies because of the growing concern of potential risk of AP. Hence risk management plans will be discussed below. (Butler et al, 2013)
Case Briefing #2 Vizcaino v. US Dist. Court for WD of Wash., 173 F. 3d 713 (9th Cir.1999)
The respondents, NFL, moved for a motion of summary judgment on the Section 1 claim, arguing it was immune from antitrust liability as a single entity. In response, American Needle sought a continuance and asked the U.S. District Court to allow discovery, a motion opposed by the
The basis of the rejection is documented in 10 U.S.C. Sec. 2313(a) and 2306a(f)(1) which authorize DCAA to subpoena objective factual documents that can be used to evaluate the "accuracy, completeness, and currency of cost or pricing