Judge Refuses Recusal In Da Silva Moore

Drama stirred in the burgeoning e-discovery world on March 15, 2012, when Magistrate Judge Andrew Peck denied Plaintiffs' request that he recuse himself from Da Silva Moore v. Publicis Groupe, No. 11-CV-1279 (ALC) (AJP) (S.D. N.Y. June 15, 2012).

Plaintiffs moved for recusal in the aftermath of Judge Peck's February 24, 2012 order, allowing the use of predictive coding and adopting Defendant-MSL's protocol for its use. This is the latest development in the ongoing saga of this case, the first to judicially-endorse the use of predictive coding in electronic discovery.  The Defendants proposed using predictive coding to wade through the approximately 3 million electronic documents involved in the discovery.