Format Of Production – Page 7 – Electronic Discovery Law

Sky Med. Supply Inc. v. SCS Support Claim Serv. Inc., No. 12- 6383, 2016 WL 4703656 (E.D.N.Y. Sept. 7, 2016)

Dec 01 2016

Key Insight: Magistrate judge denied defendant?s motion to compel plaintiff to organize and label its document production ?so that it corresponds to the categories in the request? because the discovery documents were immediately available for inspection at plaintiff counsel?s office in electronic format already organized, identifiable, and searchable by claim number; defendants needing only to execute claims number searches to identify documents. Thus, the court concluded that unless and until an inspection is undertaken and shown to be unduly burdensome, the plaintiff?s offer to permit inspection of database comports with ?both the letter and spirit of rule 34.?

Electronic Data Involved: ESI

Theidon v. Harvard Univ., NO. 15-cv-10809-LTS, 2016 WL 447447 (D. Mass. Feb. 4, 2016)

Dec 01 2016

Key Insight: Where Defendant objected to the production of duplicate documents but agreed to provide a spreadsheet with metadata for every document and to produce duplicates identified by Plaintiff, court concluded that Plaintiff had not demonstrated that Defendant?s proposal was unreasonable and denied her motion to compel

Nature of Case: Denial of tenure based on gender discrimination and retaliation

Electronic Data Involved: ESI

Mid. Am. Sols. LLC v. Vantiv, Inc., No. 1:16-mc-2, 2016 WL 1611381 (S.D. Ohio April 4, 2016)

Dec 01 2016

Key Insight: Court denied motion to compel production of at-issue data in ?condensed format? where Plaintiff originally requested and was provided with the data in it its ?original and unaltered format? and where the requested re-production was not proportional to the needs of the case because relevant evidence had already been provided; Court denied request for inspection to test accuracy of data produced where Plaintiff had not yet taken full advantage of the data in hand (by failing to take advantage of certain Excel functions) and thus had no basis for questioning the accuracy, thus rendering an inspection out of proportion to the needs of the case

Nature of Case: Breach of contract, fraud and related claims

Electronic Data Involved: ESI

Midwest Feeders, Inc. v. The Bank of Franklin (S.D. Mississippi, 2016)

Jul 19 2016

Key Insight: if images of hard drives is sufficient prodcution of the hard drives themselves

Nature of Case: Fraud, conversion of instruments, failure to exercise ordinary care

Electronic Data Involved: all computers midwest obtained and the information on those computers at the time they were obtained

Keywords: hard drives, forensic imaging

View Case Opinion

Gade v. State Farm Mut. Auto. Ins. Co. (District of Vermont, 2016)

Jun 06 2016

Key Insight: When the productions of underlying information (exact Excel formulas in this case) may disclose proprietary information, a supplemental disclosure explaining the underlying reasons may be a suitable replacement

Nature of Case: Automobile insurance coverage

Electronic Data Involved: Excel spreadsheet formulas

Keywords: Excel, formulas, moot, metadata, award of sanctions, expenses, fees

View Case Opinion

LBBW Luxemburg S.A. v. Wells Fargo Sec. LLC (Southern District of New York, 2016)

Mar 29 2016

Key Insight: Non-responsive documents should not be produced, even if redacted, and privilege or some sort of reason must be asserted for redactions to be proper

Nature of Case: Fraud

Electronic Data Involved: Electronic documents generally

Keywords: redactions, bloomberg, non-responsive

View Case Opinion

Stormo v. City of Sioux Falls, No. 12-04057 (D. S.D. Feb. 19, 2016)

Feb 19 2016

Key Insight: Providing a document index is not overly burdensome. Production of metadata cannot be compelled without showing that metadata is relevant..

Nature of Case: violation of civil rights as a landowner

Electronic Data Involved: metadata, electronically stored data, document index

Keywords: adequacy of production, metadata relevancy

View Case Opinion

SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)

Feb 02 2016

Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable

Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings

Electronic Data Involved: “back office data” information as to whether defendants explored public offering

Keywords: bad faith, sanctions, spoliation, public offering

View Case Opinion

Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Dec 30 2015

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

View Case Opinion

Andra Grp. LP v. JDA Software Grp., LLC, No. 3:15-mc-K-BN, 2015 WL 1636602 (N.D. Tex. April 13, 2015)

Dec 01 2015

Key Insight: Court addressed 3rd party?s motion to quash allegedly burdensome subpoena and to preclude further production or to require the defendant to pay for the non-party?s expenses and found that the defendant had demonstrated its needs for ?most of the categories of documents? but also concluded that the 3rd party?s objections should be sustained in part and modified the subpoena?s requests to reduce the burden; Court rejected arguments that 3rd party?s lack of a ?dedicated IT specialist?, use of cloud based email and need to rely on employees? and or hire a vendor establish burden; court also found that ?by producing the documents in non-readable PDF format without the metadata specified by the subpoena?s instructions, and failing to serve any written objections to those instructions, p202 failed to comply with Rule 45(a)(1)(C) and 45(e)(1)?s requirement to comply with the subpoena?s specification of a form for producing ESI? and ordered re-production in accordance with the subpoena?s instruction

Electronic Data Involved: ESI

Tag:Format Of Production