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While the truce in Kleen Products v Packaging Corporation of America has cooled off the parties’ predictive coding dispute until next year, eDiscovery motion practice in this case is just now intensifying. In response to the current round of motions surrounding plaintiffs’ interrogatories and document requests, US Magistrate Judge Nan Nolan has issued 9-28-12 Discovery Order emphasising that the parties’ discovery efforts should be collaborative and not combative. In particular, Judge Nolan has highlighted the significance of both cooperation and proportionality in conducting discovery.

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