Deal Genius, LLC v. O2Cool, LLC
Deal Genius, LLC v. O2Cool, LLC
2023 WL 2299976 (N.D. Ill. 2023)
February 23, 2023

Gottschall, Joan B.,  United States District Judge

MS Teams
Special Master
Search Terms
Redaction
Cloud Computing
Instant Messaging
Form of Production
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Summary
The court ordered Deal Genius to produce certain documents in native format, Microsoft Teams message strings, emails, and make Emily Greenfield available for deposition by O2COOL. The court also took under submission the issue of whether Deal Genius should have produced relevant Microsoft Teams messages. A status hearing was set for March 6, 2023 at 9:00 am.
Additional Decisions
Deal Genius, LLC Plaintiff,
v.
O2COOL, LLC Defendant
Case No. 1:21-cv-02046
United States District Court, N.D. Illinois, Eastern Division
Filed: February 23, 2023

Counsel

David J. Thomas, Pro Hac Vice, Honigman LLP, Bloomfield Hills, MI, William Butler Berndt, Ron N. Sklar, Honigman LLP, Chicago, IL, for Plaintiff.
Michael Anthony Parks, Sartouk H. Moussavi, Thompson Coburn LLP, Chicago, IL, for Defendant.
Gottschall, Joan B., United States District Judge

NOTIFICATION OF DOCKET ENTRY

*1 This docket entry was made by the Clerk on Thursday, February 23, 2023:
MINUTE entry before the Honorable Jeffrey Cole: This Order will supplement the Order of 2/21/23 [113]. The Court, Mr. Favro, and Counsel discussed at length the outstanding discovery disputes between the Parties. In advance of today's hearing, Mr. Favro filed Special Master Report No. 6, which memorialized recommendations for addressing the Parties’ discovery disputes. After reviewing Special Master Report No. 6 and listening to the arguments and positions of counsel, and GOOD CAUSE appearing therefor, the Court accepts the recommendations of the Special Master and adopts Special Master Report No. 6. Based on and consistent with the Special Master's recommendations and the representations of Counsel on the record today, the Court orders as follows: I. Deal Genius shall produce the following documents in native format to O2COOL on or before February 28, 2023: DG–00000318, DG–00001767, DG–00005626, DG–000047426. DG–00069313. II. Deal Genius shall produce to O2COOL the respective Microsoft Teams message strings corresponding to DG–00053501, DG–00053502, and DG–00053503 over a three–day period on or before February 28, 2023. While Deal Genius may redact irrelevant messages from the Microsoft Teams messages, the Court cautions Deal Genius against producing message strings replete with redactions. III. Deal Genius after conducting a relevance and privilege review shall produce to O2COOL the emails it recovered involving Ms. Greenfield (as a sender, direct recipient, or a carbon or blind copied recipient) that hit on Search Queries One through Five on or before March 17, 2023. IV. Deal Genius shall make Emily Greenfield available for deposition by O2COOL on or before April 7, 2023. The parameters of Ms. Greenfield's deposition shall be consistent with those delineated in Paragraph 32 of Special Master Report No. 6. The Court will be available to hear and rule on objections during the pendency of the deposition. The Court has taken under submission the issue of whether Deal Genius should have produced relevant Microsoft Teams messages in response to O2COOL's requests for production of documents. Court requests that Mr. Favro attend the next video conference on March 6, 2023 at 9:00 am. Instructions for how to join the video status conference will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 4793207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Status hearing set for 3/6/2023 at 09:00 AM. Mailed notice. (kl,)
ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District. If a minute order or other document is enclosed, please refer to it for additional information.
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