W. Publ. Corp. v. LegalEase Solutions, LLC

United States District Court for the District of Minnesota

November 22, 2019, Decided; November 22, 2019, Filed

Case No. 18-cv-1445 (DSD/ECW)

Opinion

ORDER

This matter is before the Court on Plaintiff West Publishing Corporation's ("West") Motion to Compel Production of Documents in Response to Subpoena Duces Tecum from ROSS Intelligence, Inc. ("ROSS"). (Dkt. 62.) For the reasons set forth below, West's motion is granted in part and denied in part. With respect to the remaining issues regarding cost-shifting of attorneys' fees incurred in connection with ROSS's production of communications made via the cloud-based platform Slack, search terms and custodians, and ROSS's privilege log, the Court will hold a telephonic hearing on December 9, 2019 at 3:30 p.m. on those issues. ROSS and West shall file on CM/ECF a four-page letter by December 6, 2019, setting forth their respective positions with respect to those disputes. They shall not raise any new issues in those letters.

I. BACKGROUND

West brought this case against LegalEase Solutions, LLC ("LegalEase") on May 25, 2018, alleging breach of contract. (Dkt. 1.) The Complaint accuses LegalEase of breaching the subscription agreement between the parties. (Id. ¶ 67.) West alleges [*3]  LegalEase "deployed computer programs, automated processes, or 'bots' to capture and store Westlaw® information, and shared Westlaw® passwords with multiple individuals . . . ." (Id. ¶ 8.) LegalEase allegedly provided a "machine learning" client—ROSS—with Westlaw data taken between July 2017 and January 2018. (Id. ¶¶ 8-9; see Dkt. 64 at 3.) In addition to monetary damages and specific performance of the subscription agreement, West seeks injunctive relief enjoining LegalEase from utilizing any data obtained in violation of the subscription agreement. (Dkt. 1 ¶¶ 63-65.) On July 18, 2018, LegalEase filed an Answer to the Complaint, which included counterclaims against West for breach of contract. (Dkt. 15 at 34-37.)

The initial deadline for fact discovery in this matter was set for February 19, 2019. (Dkt. 30.) West moved to amend the pretrial schedule (Dkts. 31-35) on February 18, 2019 and asked the Court to compel LegalEase to comply with its discovery obligations (Dkt. 36). On March 14, 2019, the Court held a telephonic status conference regarding West's motion to amend the pretrial schedule (Dkts. 31-35), discovery disputes raised in West's March 12, 2019 letter (Dkt. 36), and the [*4]  parties' discovery disputes raised in their March 12, 2019 emails to the undersigned's chambers (Dkt. 37). The Court resolved the parties' disputes via its Informal Dispute Resolution process (Dkts. 37, 42, 43), and on April 1, 2019, the Court granted West's motion to amend the pretrial schedule (Dkt. 31) and extended the deadline for fact discovery to July 1, 2019 (Dkt. 46).

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2019 U.S. Dist. LEXIS 227892 *; 2019 WL 8014512

West Publishing Corporation, Plaintiff, v. LegalEase Solutions, LLC, Defendant.

CORE TERMS

discovery, Subpoena, certification, log, format, update, van, cost-shifting, non-party, perjury, reply, sheets