Benedict College v. Nat?l Credit Systs., 2009 WL 3839473 (D.S.C. Nov. 16, 2009)

Key Insight: Rejecting defendant?s claims that discovery was produced as maintained in the usual course of business where documents were printed, copied, bates labeled and then converted to .pdf format and defendant?s objections that plaintiff?s requests were overly broad and burdensome, court granted plaintiff?s motion to compel and ordered defendant to produce all responsive documents, organized and labeled according to each request, and to produce to plaintiff and the court a ?faithful electronic copy? of its relevant database with metadata intact to allow for inspection if the need arose; doubting the sufficiency of defendant?s production of email, court ordered company?s president to order a diligent search for responsive documents and to certify by affidavit (using language provided by the court) that such a search was conducted and to provide an explanation for any missing or unfound documents

Nature of Case: Beach of contract

Electronic Data Involved: ESI, emails