Metadata – Page 2 – Electronic Discovery Law

Javo Beverage Co. Inc. v. California Extraction Ventures, Inc. (S.D. Cal. 2020).

Apr 29 2020

Key Insight: The court granted defendant’s motion to compel production of filepath information, but allowed defendant to object to producing discrete filepath information if defendant can articulate a good faith basis for the objection, including irrelevance as to time or scope, or if the filepath data is misleading. If any filepath data is not readily accessible, the parties must confer and attempt to reach a cost-effective resolution prior to seeking the court’s involvement. The court also confirmed the parties’ mutual understanding that they are obligated to “preserve ephemeral, deleted, and other related kinds of data where counsel reasonably suspects such data is relevant” to the litigation.

Nature of Case: Trade secret misappropriation

Electronic Data Involved: ESI generally

Case Summary

Lundine v. Gates Corp. (D. Kan. 2020)

Mar 30 2020

Key Insight: Plaintiff moved to compel defendant to produce ESI of class-member pay data in Excel format or native format, or in the alternative, to allow her experts to access the data and download it. Defendant opposed the motion, asserting it had adequately responded by producing the data in PDF format. The court denied plaintiff’s motion. Neither party disputed that defendant produced the information in the form in which it is ordinarily maintained and the data in PDF form is still usable. “[R]equiring defendant to re-produce data in Excel format would be duplicative and unduly burdensome.”

Nature of Case: Wage and Hour Class Action

Electronic Data Involved: Payroll Data

Case Summary

Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)

Dec 19 2019

Key Insight: withholding discovery on the basis that forensic imaging isn’t under the scope

Nature of Case: trade secrets, unfair trade practices, unfair competition

Electronic Data Involved: Defendant’s laptop and associated harddrives

Keywords: scrubbed metadata, forensic imaging, hard drives, scope of discovery, bad faith litigation

View Case Opinion

United States v. Beverly (Fifth Circuit, 2019)

Nov 14 2019

Key Insight: warrant vs. warrantless obtaining of data

Nature of Case: Criminal – Motion to Suppress Evidence; Armed Bank Robbery and conspiracy

Electronic Data Involved: CSLI (Cell-site location information); toll records (Call detail records); Subscriber information; time-stamped records

Keywords: CSLI; Stored Communications Act Order; Warrant; Carpenter v. United States; Validity of warrant; Suppression; Bad Faith; Probable cause; Exclusionary Rule; Good-faith exception; Fourth Amendment; Third party doctrine /no expectation of privacy; Fruit of the poisonous tree

View Case Opinion

In re Verizon Wireless (D. Md., 2019)

Sep 16 2019

Key Insight: phone records for certain employee numbers overbroad

Nature of Case: discrimination and retaliation

Electronic Data Involved: text messages and phone records

Keywords: subpoena phone records

View Case Opinion

Smith v. TFI Family Services (Kansas, 2019)

Sep 04 2019

Key Insight: failing to produce ESI in native format with associated metadata.

Nature of Case: Civil action for deprivation of rights

Electronic Data Involved: PDF documents

Keywords: Metadata, native format, ESI in native format

View Case Opinion

Washington v. Geo Group, Inc. (District Court of Western Washington, 2019)

Jul 01 2019

Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit

Nature of Case: Unjust enrichment

Electronic Data Involved: documents and metadata

Keywords: metadata, discovery categories, relevant and proportional

View Case Opinion

Folino v. Hines (District Court of Western District of Pennsylvania, 2018)

Nov 14 2018

Key Insight: whether the 37(e) sanctions are appropriate

Nature of Case: Invasion of privacy

Electronic Data Involved: metadata, active data from laptop

Keywords: ipad

View Case Opinion

Metlife Investors USA Insurance Company v. Lindsey et al., No. 2:16-cv-00097-RL-JEM (N.D. Ind. Oct. 25, 2018)

Oct 25 2018

Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)

Nature of Case: Insurance coverage litigation

Electronic Data Involved: Electronic documents (metadata)

Keywords: PDF, native, format, usual course of business, metadata

View Case Opinion

Tag:Metadata