Tag:Format Of Production

1
In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)
2
In re Plastics Additives Antitrust Litig., 2004 WL 2743591 (E.D. Pa. Nov. 29, 2004)
3
Portis v. City of Chicago, 2004 WL 1535854 (N.D. Ill. July 7, 2004)
4
SEC v. Beacon Hill Asset Mgmt. LLC, 231 F.R.D. 134 (S.D.N.Y. 2004)
5
Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)
6
Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)
7
State v. Cartwright, 336 Or. 408, 85 P.3d 305 (2004)
8
Adams v. Dan River Mills, Inc., 54 F.R.D. 220 (W.D. Va. 1972)
9
Timpken Co. v. United States, 659 F. Supp. 239 (Ct. Int’l Trade 1987)
10
Allen v. Armstrong, 2004 WL 1533934 (D. Conn. Apr. 5, 2004)

In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)

Key Insight: Where there were gaps in plaintiff’s production of email, administrative law judge granted motion to compel production of email from plaintiff’s backup tapes but ordered parties to share the costs of such production

Nature of Case: Case before the U.S. International Trade Commission

Electronic Data Involved: Email

In re Plastics Additives Antitrust Litig., 2004 WL 2743591 (E.D. Pa. Nov. 29, 2004)

Key Insight: Sustaining defendants’ objections to plaintiff’s proposed scheduling order, court imposed reciprocal burdens on parties to produce transactional data in electronic format, to the extent reasonably feasible, but removed provision that had required defendants to make available “documentation and computer personnel” to help plaintiffs understand that data, stating parties were free to agree to such a provision but the court would not impose one

Nature of Case: Antitrust

Electronic Data Involved: Transactional data

Portis v. City of Chicago, 2004 WL 1535854 (N.D. Ill. July 7, 2004)

Key Insight: Court granted motion to compel access to database constituting fact work product, where requesting party demonstrated (1) substantial need for the information and (2) undue hardship were it required to compile a similar database from scratch; however, requesting party would have to contribute its fair share toward the expenses incurred in compiling the database

Nature of Case: Class action for civil rights violations

Electronic Data Involved: Database compiled at direction of plaintiffs’ attorneys

SEC v. Beacon Hill Asset Mgmt. LLC, 231 F.R.D. 134 (S.D.N.Y. 2004)

Key Insight: Granting motion to compel contact list printed out from defendant’s contact management software program which was not timely included on defendant’s privilege log, court rejected “frivolous” argument that the contact list technically did not exist until it was printed: “For more than thirty years, Fed.R.Civ . P. 34(a) has included data stored on electronic media as being subject to a Rule 34 request. The fact that the data has not been printed out does not mean that the document does not exist. Indeed, if BH’s argument were meritorious, any party could avoid producing damaging documents through the simple expedient of storing them on electronic media and never printing them out.”

Nature of Case: SEC enforcement action

Electronic Data Involved: Email, spreadsheets and contact list

Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)

Key Insight: Defendant’s motion to dissolve TRO requiring preservation of documents and electronic data denied, however, “to mitigate the high costs associated with electronic document storage, the court will permit defendants to delete electronic records in the ordinary and usual course of business; provided, however, that hard copy records be made and kept of any and all [relevant] electronic records . . .”

Nature of Case: Race discrimination

Electronic Data Involved: Unspecified human resources records, payroll records

Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)

Key Insight: Defendant’s response to (overbroad) document request, which directed requesting party to defendant’s web site where relevant HR policies and a particular employee handbook could be retrieved, was not insufficient response; court narrowed request and ordered production of any additional documents within 20 days; no sanctions warranted

Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination

Electronic Data Involved: Electronic HR policies and manuals

State v. Cartwright, 336 Or. 408, 85 P.3d 305 (2004)

Key Insight: Concluding that defendant had a right to obtain audiotaped prior statements of witnesses for use in cross-examining the individuals whose statements were on the tapes, court noted in footnote: “The audiotapes at issue here are the functional equivalent of written statements. It would be a towering triumph of form over substance to hold that [defendant’s former employer’s] choice of an electronic, rather than a documentary, mode of preserving the witness’ statements puts the statements beyond the reach of a subpoena duces tecum.”

Nature of Case: Criminal sexual harassment

Electronic Data Involved: Audiotapes of witness’ statements made by defendant’s former employer

Adams v. Dan River Mills, Inc., 54 F.R.D. 220 (W.D. Va. 1972)

Key Insight: Court granted plaintiffs’ motion to compel production of defendant’s current computerized master payroll file and all computer print-outs for W-2 forms of defendant’s employees, given accuracy of records and inexpensiveness of production

Nature of Case: Race discrimination

Electronic Data Involved: Computerized master payroll file

Timpken Co. v. United States, 659 F. Supp. 239 (Ct. Int’l Trade 1987)

Key Insight: Defendant ordered to provide copies of computer tapes containing data previously provided in hard copy form

Nature of Case: Challenge of decision by Dept. of Commerce to deny plaintiff access to computer tapes in trade investigation

Electronic Data Involved: Computer tapes containing costs and sales data

Allen v. Armstrong, 2004 WL 1533934 (D. Conn. Apr. 5, 2004)

Key Insight: Order memorialized parties’ agreement regarding motion to compel: defendants agreed to produce all emails that exist in printed form, but would not conduct search of electronic database to retrieve emails since it would be cost prohibitive; defendant understood it would be precluded from offering evidence at trial that was not properly disclosed in discovery

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Copyright © 2025, K&L Gates LLP. All Rights Reserved.