Holding that Accessible Data Must be Produced at the Cost of the Producing Party, Court Orders Defendant to Conduct Further Email Search
Peskoff v. Faber, 240 F.R.D. 26 (D.D.C. 2007)
A previous e-discovery order in this case dated July 11, 2006, was summarized here. At that time, the parties had disagreed about whether certain additional emails existed. Magistrate Judge John M. Facciola had explained that the requested emails, “if they exist, could be located in one or more of several places: (1) Peskoff’s NextPoint Management email account; (2) the email accounts of other employees, agents, officers and representatives of the NextPoint entities; (3) the hard drive of Peskoff’s computer or any other depository for NextPoint emails, searchable with key words; (4) other places within Peskoff’s computer, such as its ‘slack space,’ searchable with the help of a computer forensic technologies; and (5) backup tapes of Mintz Levin’s servers.” In the previous order, the court had ordered defendant to submit an affidavit describing in detail the nature and scope of its search for responsive electronically stored information.