It’s March 2016, and Super – an Uber-like ride-sharing service – is being accused of systemic discrimination against lower-income clients. Super’s drivers, the lawsuit says, would routinely ignore requests from certain zip codes, or cancel rides the requested to travel to certain zip codes. There’s just one problem, according to the plaintiffs: Super refuses to turn over text messages that the plaintiffs believe are crucial to the case.

What would be possible and proportional to collect under the new Federal Rules amendments? The question was posed to Shira Scheindlin, U.S. District Judge, Southern District of New York, in a mock pretrial conference, the opening session at the 5th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference at Sandra Day O’Connor College of Law at Arizona State University. For the mock presentation, Lea Malani Bays of Robbins Geller Rudman & Dowd served as the plaintiffs’ attorney; Kevin Brady of Redgrave LLP served as the defendants’ attorney; and Maura Grossman of Wachtell, Lipton, Rosen & Katz served as moderator.

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