Da Silva Moore Plaintiffs Slash and Burn their Way Through eDiscovery

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An article by Herbert L Roitblat, Ph.D posted on the Orca Tec blog Information Discovery.

This article discusses the plaintiff's objections regarding the protocol requested by Magistrate Judge Andrew J. Peck on the Da Silva Moore case, which sought information regarding the proposed use of predictive coding technology to be used during the attorney review.

This article states, "The current disagreement embodied in the challenge to Judge Peck's decision is not about the use of predictive coding per se. The parties agreed to use predictive coding, even if the Plaintiffs now want to claim that that agreement was conditional on having adequate safeguards and measures in place. Judge Peck endorsed the use of predictive coding knowing that the parties had agreed. It was easy to order them to do something that they were already intending to do.
Now, though, the Plaintiffs are complaining that Judge Peck was biased toward predictive coding and that bias somehow interfered with him rendering an honest decision. Although he has clearly spoken out about his interest in predictive coding, I am not aware of any time that Judge Peck endorsed any specific measurement protocol or method. The parties to the case knew about his views on predictive coding, and, for double measure, he reminded them of these views and provided them the opportunity to object. Neither party did. In any case, the point is moot in that the two sides both stated that they were in favor of using predictive coding. It seems disingenuous to then complain about the fact that he spoke supportively of the technology."  A link to the plaintiff's memo objecting to Judge Peck's order is provided in the article.