JOHN B.; Carrie G.; Joshua M.; Meagan A.; Erica A., by their next friend, L.A.; Dustin P. by his next friend, Linda C.; Bayli S. by her next friend, C.W.; James D. by his next friend, Susan H.; Elsie H. by her next friend, Stacy Miller; Julian C. by his next friend, Shawn C.; Troy D. by his next friend, T.W.; Ray M. by his next friend, P.D.; Roscoe W. by his next friend, K.B.; William B. by his next friend, K.B.; Jacob R. by his next friend, Kim R.; Justin S. by his next friend, Diane P.; Estel W. by his next friend, E.D.; individually and on behalf of all others similarly situated, Plaintiffs-Appellees,
v.
M.D. GOETZ, Jr., Commissioner, Tennessee Department of Finance and Administration; Darin Gordon, Assistant Commissioner, Bureau of TennCare; Viola P. Miller, Commissioner, Tennessee Department of Children's Services, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2008.
Decided and Filed: June 26, 2008.
Attorney(s) appearing for the Case
ARGUED: Michael W. Kirk, Cooper & Kirk, Washington, D.C., for Appellants. Michele M. Johnson, Tennessee Justice Center, Nashville, Tennessee, for Appellees. ON BRIEF: Michael W. Kirk, Charles J. Cooper, Brian S. Koukoutchos, Nicole Jo Moss, Derek L. Shaffer, Cooper & Kirk, Washington, D.C., Linda A. Ross, Office of the Tennessee Attorney General, Nashville, Tennessee, Ronald G. Harris, Aubrey B. Harwell, Jr., Neal & Harwell, Nashville, Tennessee, for Appellants. Michele M. Johnson, G. Gordon Bonnyman, Jr., Tennessee Justice Center, Nashville, Tennessee, for Appellees. William P. Marshall, Ohio Attorney General Office, Columbus, Ohio, Michael A. Cox, Michigan Department of Attorney General, Lansing, Michigan, Gregory D. Stumbo, Office of the Attorney General, Frankfort, Kentucky, Sarah Somers, Jane Perkins, National Health Law Program, Chapel Hill, North Carolina, Elizabeth A. Alexander, Christopher E. Coleman, Lieff, Cabraser, Heimann & Bernstein, Nashville, Tennessee, Kelly M. Dermody, Allison S. Elgert, Lieff, Cabraser, Heimann & Bernstein, San Francisco, California, for Amici Curiae.
ROGERS, J., delivered the opinion of the court, in which GIBBONS, J., joined. COLE, J. (pp. 461-62), delivered a separate concurring opinion.
United States Court of Appeals, Sixth Circuit.
OPINION
ROGERS, Circuit Judge.
State defendants seek mandamus relief from two discovery orders issued by the district court during the course of this class-action litigation. The district court issued the orders after a discovery dispute arose regarding defendants' duty to preserve and produce electronically stored information relevant to the litigation. In the first order, the district court directed plaintiffs...
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