Champion Foodservice, LLC v. Vista Food Exchange, No. 1:13-cv-1195, 2016 WL 6638614 (N.D. Ohio Mar. 29, 2016)

Key Insight: Where the magistrate judge recommended that Defendant?s request for forensic inspection be granted, to be undertaken by a neutral third party, in light of the fact that the information sought ?seem[ed] germane? and because despite ?hesitancy to allow on site inspections ? the level of distrust among the parties ? plead[ed] for such intervention,? the District Court overruled Defendant?s objections, noting that through their distrust and lack of cooperation ?[t]he parties and counsel themselves have created an atmosphere that warrants extraordinary circumstances and establishes good cause for an on-site inspection of Champion?s electronically stored information? and set forth a process by which the inspection would take place, including that the costs would be shifted to the requesting party ?given the nature of the accessibility of the [ESI] sought? (i.e., the information sought included backup and deleted material)

Electronic Data Involved: Forensic inspection of ESI, including backup and deleted material