Corker v. Costco Wholesale (W.D. Wash. 2020)
Key Insight:
Electronic documents should be produced in the form it is ordinarily maintained or in a reasonably useable form. PDF images of a spreadsheet are not a reasonably usable form due to the functional limitations. While they are readable and searchable, they cannot be sorted or filtered as an original spreadsheet can be. Spreadsheets should be produced in their native form.
A party cannot unilaterally redact a document based on relevance absent a claim of privilege. In cases where the document contains highly confidential commercial information, a protective order may be issued requiring the information not be revealed or only be revealed in a specified way, such as designating it for “counsel eyes only.”
Electronic documents should be produced in the form it is ordinarily maintained or in a reasonably useable form. PDF images of a spreadsheet are not a reasonably usable form due to the functional limitations. While they are readable and searchable, they cannot be sorted or filtered as an original spreadsheet can be. Spreadsheets should be produced in their native form.
A party cannot unilaterally redact a document based on relevance absent a claim of privilege. In cases where the document contains highly confidential commercial information, a protective order may be issued requiring the information not be revealed or only be revealed in a specified way, such as designating it for “counsel eyes only.”
Nature of Case: Class Action, Unfair Competition
Electronic Data Involved: Spreadsheets