Court Orders Party to Correct Technical Problems with Electronic Production, Declines to Appoint Neutral Consultant
United States v. Merck-Medco Managed Care, L.L.C., 2005 WL 273030 (E.D.Pa. Feb. 2, 2005)
This opinion addresses the plaintiff’s motion to modify the case management order and establish certain discovery deadlines, as a result of defendant Medco’s electronic document production failings.
Earlier, Medco had notified the court of its failure to comply with the court’s deadline for document production a week after the deadline had passed. At the same time, Medco failed to inform the court when production would be complete or what documents still needed to be produced. Several weeks later, Medco claimed that its electronic document production was complete, with three exceptions: (1) documents that were withheld as privileged but that may not be privileged; (2) thirteen additional boxes; and (3) corrupted data that Medco was restoring. Plaintiffs, however, claimed that Medco’s electronic document production was still incomplete because several disks were defective and because there were major technical defects discovered in the electronic claims data that Medco had produced, including: (1) hard drive disk errors; (2) files containing questionable or missing data; and (3) and other technical file related issues. Read More