Format Of Production – Page 20 – Electronic Discovery Law

United States v. Salyer, Cr. No. S-10-0061 LKK (GGH), 2010 WL 3036444 (E.D. Cal. Aug. 2, 2010)

Dec 01 2010

Key Insight: Acknowledging the general rule that the Government has no obligation to specifically identify Brady/Giglio material that has been disclosed to a defendant, the court noted its authority to require identification nonetheless and, considering the volume of the government?s disclosure, the individual defendant?s detention awaiting trial, the small size of his defense team, the lack of parallel civil litigation, and the lack of corporate assistance in identifying evidence, ordered the government to identify Brady material already disclosed and in subsequent disclosures

Nature of Case: Criminal

Electronic Data Involved: ESI

Secure Energy, Inc. v. Coal Synthetics, 2010 WL 597388 (E.D. Mo. Feb. 17, 2010)

Dec 01 2010

Key Insight: Court denied plaintiffs? motion to compel re-production of ESI in native format because the motion was untimely filed but went on to find that defendants? production of ESI in .PDF format was reasonable absent plaintiffs? request for production in native format and that compelling re-production would prejudice defendants where the metadata produced would likely necessitate additional expert involvement and discovery resulting in an adjustment to the case management schedule

Electronic Data Involved: ESI

Estate of Eva Boles v. Nat?l Heritage Realty, Inc., 2010 WL 1759026 (N.D. Miss. Apr. 27, 2010)

Dec 01 2010

Key Insight: Where production of defendants? general ledger was necessary because there was no suitable alternative to provide the information, but where defendants? counsel asserted that such production would require ?hundreds of hours? and involve great expense, court noted defendants failure to produce any details in support of its assertion and that plaintiff was willing to bear the reasonable costs and granted plaintiff?s motion to compel

Electronic Data Involved: General ledger in electronic format

Rosenbaum v. Becker & Poliakoff, P.A., 708 F. Supp. 2d 1304 (S.D. Fla. 2010)

Dec 01 2010

Key Insight: In an order addressing several discovery disputes court ordered re-production of information downloaded from relevant Blackberry telephones where defendant produced the requested data in hard copy and where the information was not fully readable

Electronic Data Involved: ESI from Blackberry telephones

Estate of Boles v. Nat?l Heritage Realty, Inc., 2010 WL 2976076 (N.D. Miss. July 23, 2010)

Dec 01 2010

Key Insight: Court denied defendants? motion to produce the ?general ledger? in hard copy, with redactions, where the record made clear that defendants made no real attempt to comply with the court?s order compelling electronic production and, where defendant offered no proof of any court order prohibiting disclosure of the information contained in the ledger, where there was a sufficient protective order in place, and where ?matters involving payment of attorney fees are generally not privileged,? the court vacated prior orders allowing redactions and ordered production of the general ledger on CD or DVD within 3 days

Electronic Data Involved: Electronic copy of general ledger

Estate of Boles v. Nat?l Heritage Realty, Inc., 2010 WL 3087472 (N.D. Miss. Aug. 6, 2010)

Dec 01 2010

Key Insight: Court denied motion for reconsideration of order compelling electronic production of defendants? general ledger and specifically rejected defendants? Rule 34 argument that because plaintiff failed to state the form of production, it could produce in hard copy, where defendants failed to specify a particular form of production in their response, where defendants failed to timely raise the Rule 34 issue (despite filing several motions discussing production of the ledger), and where defendants also failed to produce the evidence in the form in which it was ordinarily maintained or in a reasonably usable form as is required by the rule; a Motion to Stay this order was thereafter denied, See Estate of Boles v. Nat?l Heritage 2010 WL 3218386 (N.D. Miss. Aug. 7, 2010)

Electronic Data Involved: Electronic copy of general ledger

Chevron Corp. v. Stratus Consulting, Inc., 2010 WL 3489922 (D. Colo. Aug. 31, 2010)

Dec 01 2010

Key Insight: Court granted petitioner?s motion to compel production of subpoenaed information in native format, including re-production of materials already produced in .pdf format, where, despite respondent?s objections, the court determined the underlying metadata could be probative, but ordered petitioner to bear the cost where the subpoena had been ?less than clear? regarding the format of production and where respondents? claims of undue burden ?carrie[d] some legitimacy?; court?s opinion acknowledged respondent?s argument regarding the inability to Bates stamp native documents and ordered that the documents be Bates-stamped ?only as technologically possible?

Electronic Data Involved: ESI

ANZ Advanced Techs., LLC v. Bush Hog, LLC, No. 09-00228-KD-N, 2010 WL 3699917 (S.D. Ala. Sept. 9, 2010)

Dec 01 2010

Key Insight: Court declined to reconsider its prior order directing plaintiff to produce certain hard drives and other data storage devices for forensic inspection where plaintiff failed to establish that such production was prohibited by Indian law and where plaintiff offered no evidence to rebut the court?s prior determination that plaintiff?s behavior ?cast serious doubt on the authenticity of any document produced? by plaintiff such that actual production of the devices was warranted

Electronic Data Involved: Hard drive, data storage devices

Radian Asset Assurance, Inc. v. Coll. Of the Christian Bros. of New Mexico, 2010 WL 4338057 (D.N.M. Sept. 15, 2010)

Dec 01 2010

Key Insight: Where parties could not reach agreement regarding parameters of search protocol, court ordered defendant to utilize search terms proposed by plaintiff but declined to order search of email at the present time, established the appropriate date range, and ordered defendants to produce ?exculpatory information?, i.e., ?anything that the College … believes [plaintiff] could reasonably use or could reasonably lead to admissible evidence?; court declined to order defendant to produce the files identified as a result of the search and ordered instead the production of a report of the results and for the parties to confer regarding the results

Electronic Data Involved: ESI

Cherrington Asia Ltd. v. A&L Underground, Inc., 2010 WL 126190 (D. Kan. Jan. 8, 2010)

Dec 01 2010

Key Insight: Court denied sanctions for defendants? alleged ?document dump? of a hard drive containing both responsive and non-responsive documents as maintained in the ordinary course of business where, upon plaintiffs? initial objection, defendants re-produced the hard drive with irrelevant documents segregated and with a tool allowing the hard drive to be word-searched and where, despite plaintiffs? alleged discovery of evidence reflecting defendants? purposeful efforts to obstruct discovery, plaintiffs waited 15 months to bring their motion and were thus ?simply too late?

Electronic Data Involved: Computer hard drive

Tag:Format Of Production