Format Of Production – Page 5 – Electronic Discovery Law

Bailey v. Alpha Techs., Inc., No. C16-0727-JCC, 2017 WL 2378921 (W.D. Wash. June 1, 2017)

Dec 01 2017

Key Insight: Court granted motion to compel production of requested ESI in native format: ?Native format production also complies with the Federal Rules of Civil Procedure and this case?s ESI order. Moreover, the Court finds that metadata and native format production are relevant and proportional to the needs of discovery. It is untenable to assert in this technology-driven age of litigation that images of electronic documents provided in TIFF and PDF form offer all of the relevant information possible. The metadata that is not visible in TIFF and PDF productions, but is visible in native format production, is relevant information. Therefore, the Court GRANTS Plaintiff?s motion on this issue.?

Nature of Case: Employment litigation

Electronic Data Involved: ESI

Wilson v. Washington, No. C16-5366 BHS, 2017 WL 518615 (W.D. Wash. Feb. 8, 2017)

Dec 01 2017

Key Insight: Addressing Plaintiff?s concerns regarding Defendants production, characterized by the court as ?thousands of pages of unorganized documents,? the court reasoned that ?Rule 33(d) does not supplant a party?s duty to adequately label and identify responsive documents under Rule 34,? that courts have recognized that production of documents as kept in the usual course of business ?may require the producing party to include different identifying information according to the type of document or file produced,? and that ?the most recent? court decisions have held that both Rule 34(b)(2)(E)(i) and (ii) apply to the production of ESI and concluded that Defendant?s response fell short of its duties under 34(b)(2)(E) and 33(d)(1) and stated that ?[s]ome form of further organization or specification is required to signify that they have provided ?rationally organized productions??

Electronic Data Involved: Unorganized ESI

Am. Auto. Ins. Co. v. Hawaii Nut & Bolt, Inc., No. 15-00245 ACK-KSC, 2017 WL 80248 (D. Hawai?I Jan. 9, 2017)

Dec 01 2017

Key Insight: Court reserved ruling on request for re-production of ESI where parties were ordered to confer, or, more specifically, to ?put their respective IT representative sin contact to see if an understanding can be reached about the format in which the ESI can be produced, as well as the related metadata (if any such metadata exists).?; in its analysis, court stated: ?ESI must be produced in the form in which it is maintained in the ordinary course of business, and if this includes metadata, the metadata must also be provided to Safeway.?

Electronic Data Involved: ESI, metadata

City of Seattle v. ZyLAB North America, LLC (Western District of Washington, Seattle, 2017)

Oct 05 2017

Key Insight: Method of production requiring out-of state travel not contract breach and retention of counsel not enough to show material is privileged

Nature of Case: breach of contract, consumer protection act litigation

Electronic Data Involved: audit documents

Keywords: proportionality, foreign parent, method of production, privilege determination

View Case Opinion

Catrinar v. Wynnestone Communities Corp., et al., No. 14-11872 (E.D. Mich. Sept. 30, 2017)

Sep 30 2017

Key Insight: Plaintiff produced two versions of email (both dated before filing). Defendant argued one was fake and an attempt to bolster Plaintiff’s claim. Court deemed that dismissal was too harsh a sanction and denied dismissal sanction request.

Nature of Case: Family Medical Leave Act Violations

Electronic Data Involved: E-Mails

Keywords: Duplicate E-mail; Dismissal Sanction

View Case Opinion

In re Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation (S.D. Ind., 2017)

Sep 15 2017

Key Insight: Can private social media and metadata be compelled into discovery?

Nature of Case: Bellwether products liability

Electronic Data Involved: Social media

Keywords: Metadata, social media, private data, public data, privacy

View Case Opinion

Pertile et al. v. General Motors LLC, No. 1:15-cv-00518-WJM-NYW (D. Colo. Aug. 31, 2017)

Aug 31 2017

Key Insight: When ESI is relevant, they must be provided in a format that is readable by opposing counsel

Nature of Case: Personal injury (product liability, car accident)

Electronic Data Involved: Computer modeling files

Keywords: GM, Chevrolet Silverado, rollover,

View Case Opinion

Hugler v. Jasper Contractors, 1:16-cv-3845-LMM-JSA (ND Ga, 2017)

Jun 08 2017

Key Insight: petitioner’s motion for contempt, subpoena enforcement

Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..

Electronic Data Involved: text and email messages

Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order

View Case Opinion

In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017)

May 26 2017

Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.

Nature of Case: Homeowner Insurance Claim Litigation

Electronic Data Involved: Insurer Records

Keywords: Format of Production; Proportionality Factors

Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vt. Apr. 18, 2017)

Apr 18 2017

Key Insight: Defendant has inadequate production even when supplemented. Judge ordered meet-and-confer to work out some of the disagreements. Judge did not give either side sanctions.

Nature of Case: Breach of Contract; Consumer Fraud

Electronic Data Involved: E-mail; Electronic Database

Keywords: Meet-and-confer; Inadequate Production; Supplemental Production

View Case Opinion

Tag:Format Of Production