A & R Body Specialty & Collision Works, Inc. v. Progressive Cas. Ins. Co., No. 3:07CV929 (WWE), 2014 WL 5859024 (D. Conn. Nov. 10, 2014)

Key Insight: Magistrate judge granted plaintiffs? motion for reconsideration, but adhered to its previous ruling denying plaintiffs? request that defendant merge two separate data compilations from two distinct data sources – one from a non-party and the other from defendant – to enable plaintiffs? experts to have a single ?pristine? data set to use in the case, as plaintiffs were not entitled to receive ESI in their preferred format nor were defendants required to create a document for production; however, because it struck the court that it would be in both parties? interests to have the data plaintiffs sought and for both parties? experts to work from the same data set, the court suggested that the parties cooperate in hiring a neutral third party to conduct the comparison, which would provide plaintiffs, to some extent, the data sought while at the same time prevent an attack on the data?s integrity

Nature of Case: Class action brought by auto body companies alleging that defendants violated the Connecticut Unfair Trade Practices Act

Electronic Data Involved: Estimating data from two sources