Editor’s Note: Never one to mince his words, eDiscovery expert Ralph Losey shares insight on an interesting case out of California where the chance of success of the Plaintiff’s discovery plan was, in his opinion, one in a million.
Extract from article by Ralph Losey
An interesting, albeit dumb, case out of California provides some good cautionary instruction for anybody doing discovery. Youngevity Int’l Corp. v. Smith, 2017 U.S. Dist. LEXIS 210386 (S.D. Cal. Dec. 21, 2017). Youngevity is essentially an unfair competition dispute that arose when some multi-level nutritional marketing sales types left one company to form their own. Yup, multi-level nutritional sales; the case has sleaze written all over it. The actions of the Plaintiff, in this case, are, in my opinion, and that of the judge, especially embarrassing. In fact, both sides remind me of a classic movie Dumb and Dumber. It has a line in it favored by all students of statistics: So you’re telling me there’s a chance.
One in a million is about the chance that the Plaintiff’s discovery plan in Youngevity had of succeeding in federal court in front of the smart United States Magistrate Judge assigned to the case, Jill L. Burkhardt.