Judge tries to moot 'profound' e-discovery dispute, parties say no

http://ow.ly/8nxXp

An article by Alison Frankel on Thomson Reuters News and Insight website.

The article discusses the KPMG case and a recent development regarding that matter.  The Judge involved hoped that a recent order she issued, trying to focus on a possible summary judgement motion in hopes that the eDiscovery preservation obligations would be "moot" is apparently not going to suffice as a solution.

The article states, "McMahon seems to have hoped that focusing expedited discovery on a classwide issue -- rather than on the individualized facts the magistrate was worried about when he ordered the hard drives to be preserved -- she would put to rest the e-discovery cause célèbre. "If this decision and order obviates the parties' pending discovery dispute," she wrote, "please let the court know within 48 hours."

No such luck. KPMG counsel from Sidley Austin and class lawyers from Outten & Golden sent McMahon a joint letter Thursday asserting that her ruling doesn't resolve the hard-drive preservation fight."   A link to the joint letter is provided in the article.