Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.
In this riveting breakdown of Wilbert v. Pyramid Health, we explore how one attorney's "mandatory" approach to ediscovery backfired dramatically. When plaintiff's counsel served a 30-page "Mandatory ESI Plan" on opposing counsel and then allegedly created "egregious barriers" to meaningful discussion, the court See more +
Magistrate Judge Scott Hardy delivers a masterclass on what the meet-and-confer requirement really means in federal litigation—and the serious consequences of failing to cooperate in discovery.
In this riveting breakdown of Wilbert v. Pyramid Health, we explore how one attorney's "mandatory" approach to ediscovery backfired dramatically. When plaintiff's counsel served a 30-page "Mandatory ESI Plan" on opposing counsel and then allegedly created "egregious barriers" to meaningful discussion, the court didn't just deny his motion to compel—it ordered him to show cause why he shouldn't face sanctions.
The decision highlights a troubling trend judges call the "drive-by meet-and-confer," where attorneys go through the motions without actually engaging in good faith discussions. Judge Hardy leaves no room for interpretation: "The conferral obligation is not a bargaining chip to be offered in exchange for a concession on a disputed discovery process." This clear statement reminds practitioners that cooperation isn't optional—it's required by the rules.
For litigators handling electronically stored information, this case serves as both warning and guidebook. We explore why having internal ediscovery protocols is wise, but attempting to unilaterally impose them on opposing counsel is a recipe for disaster. The discussion includes practical takeaways for ensuring your discovery approach satisfies proportionality requirements while avoiding the pitfalls that led to potential sanctions here.
Whether you're crafting discovery requests or responding to them, this analysis will help you navigate the complex landscape of ediscovery cooperation with greater confidence and effectiveness. Subscribe to hear more insights on how to leverage ESI while staying within the boundaries courts expect. See less -
