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Michael Davis and Bruce Goodman Prevent Electronic Discovery Search of ZEK Client

In the Matter of the Application of Nekoroski v. AIG Property Casualty, Inc.

Index No.: 154004/14 (Sup. Ct., New York County, September 3, 2014) (Rakower, J.)

In Matter of Nekoroski, ZEK’s Michael Davis and Bruce Goodman successfully quashed an effort to impose a costly and time-consuming search of electronic information upon a ZEK client.  ZEK’s client received a non-party subpoena for the deposition of the Custodian of Records and production of documents, and complied with that subpoena in good-faith by producing for deposition a knowledgeable witness and his file of responsive documents.  Plaintiffs thereafter moved for an order permitting them to search the client’s server for additional documents.  Marshalling ZEK’s knowledge of the scope and limits of electronic discovery, ZEK successfully opposed the motion, with the Court (Rakower, J.) agreeing with ZEK’s explanations as to why a “search of [the client’s] servers [would be] a fishing expedition” outside the bounds of proper discovery.