FIRST NIAGARA RISK MANAGEMENT, INC. v. FOLINO

Filing 35

ORDER THAT PLAINTIFF'S MOTION TO COMPEL (DOC. 25 ) IS GRANTED. DEFENDANT SHALL IMMEDIATELY PERMIT EQIP EDISCOVERY SOLUTIONS, INC. TO SEACH HIS PERSONAL COMPUTER AND DEVICES AND EMAIL ACCOUNTS AS OUTLINED HEREIN. FIRST NIAGARA'S REQUEST FOR FEES AND COSTS ASSOCIATED WITH THE MOTION TO COMPEL IS DENIED. DEFENDANTS MOTION TO DISQUALIFY EQIP EDISCVOERY SOLUTIONS, INC. IS DENIED. DEFENDANTS MOTION FOR A PROTECTIVE ORDER IS DENIED. SIGNED BY HONORABLE STEWART DALZELL ON 8/11/2016. 8/11/2016 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FIRST NIAGARA RISK
MANAGEMENT, INC.
v.
JOHN A. FOLINO

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CIVIL ACTION

NO. 16-1779

ORDER
AND NOW, this 11th day of August, 2016, upon consideration of plaintiff First
Niagara’s motion to compel, defendant John A. Folino’s motion to disqualify the e-discovery
vendor Eqip eDiscovery Solutions, Inc. from this matter, and Folino’s motion for a protective
order, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED
that:
1.

Plaintiff First Niagara’s motion to compel (docket entry # 25) is

2.

Defendant John Folino shall immediately PERMIT Eqip eDiscovery

GRANTED;

Solutions, Inc. to search his personal computer devices and email accounts using the following
search criteria:


All emails, texts, and text chains containing one of the following search terms:
o [e-mail]
o [e-mail]
o [e-mail]
o [e-mail]
o [e-mail]
o [e-mail]
o [e-mail]
o [e-mail]
o Trident
o Radnor
o Kolongowski or Tom!
o Jacomen or Robert!
o Gil! Or Nassib!

o
o
o
o
o
o
o
o
o
o

Adrian! Or Miles
April! Or Giumento!
Dwyer!
Jim or James or Bell
FNRM or “First Niagara”
Cary or Cohrs
“American Cement”
Lehigh
castle
The names of 78 clients, and variations of those names, in Folino’s book
of business with First Niagara
o RTI
o Weitzel or Rae


Date Range: January 1, 2014 to April 27, 2016



The production of all text messages and text message strings that contain one or
more of the above-referenced terms
3.

First Niagara’s request for fees and costs associated with the motion to

compel is DENIED;
4.

Defendant Folino’s motion to disqualify Eqip eDiscovery Solutions, Inc.

is DENIED; and
5.

Defendant Folino’s motion for a protective order (docket entry # 30) is

DENIED.

BY THE COURT:

/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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