-
Searchable PDF Production with Metadata Complies with FRCP 34
In Spilker v. Medtronic, Inc., No. 4:13-CV-76-H (E.D.N.C. Apr. 13, 2015), the Eastern District of North Carolina considered whether Defendants’ “document dump” complied with FRCP 34. Plaintiff filed a motion to compel, alleging that Defendants had engaged in a “document dump” that did not comply with FRCP 34. Plaintiff asserted that
-
Defendant Must Produce ESI In TIFF or Native Format, Even If It Requires Hiring an ESI Vendor To Do So
FRCP 34(b)(1)(C) allows the party requesting discovery to specify the format in which it wants the producing party to produce electronically stored information (ESI). If the party does not specify a particular format, FRCP 34(b)(2)(E) states that the producing party can produce the ESI in either i) the manner in which it
-
No Sanctions For Failure to Produce Copy of Twitter Feed
The Northern District of Indiana considered whether to sanction Defendants in Haddad v. Lake Central School Corp. et al., Case No. 2:11-cv-430 (N.D. Ind. April 7, 2015) for failing to produce copies of Plaintiff’s twitter feed. Plaintiff, a minor suing a school district for physical and emotional harm suffered due to bullying
-
No Spoliation Where Party Made Efforts to Retrieve and Produce Deleted Emails
In Gladue v. Saint Francis Medical Center, Case No. 1:13-DV-186-CEJ (E.D. Miss. March 24, 2015), the Eastern District of Missouri considered whether Defendant had engaged in spoliation of email communications. Defendant terminated Plaintiff from her employment in December 2011. As part of Defendant’s routine audit procedure, Defendant deleted Plaintiff’s emails in March
-
7-Eleven Ordered to Produce Metadata in Franchise Litigation
In Younes, et al. v. 7-Eleven, Inc., Civil Nos. 13-3500 (RMB/JS), 13-3715 (MAS/JS), 13-4578(RMB/JS) (D.N.J. Mar. 18, 2015), the District Court of New Jersey considered whether to order Defendant 7-Eleven to produce metadata requested by Plaintiffs, despite the parties’ initial agreement to not request metadata production. Plaintiffs, 7-Eleven franchise owners who allege business
-
Court Denies Request for Native Files After Party First Accepts Production in PDF Format
to In Davenport et al. v. Charter Communications, LLC, Case No. 4:12CV0007 AGF (E.D. Mo. March 20, 2015), a conditionally certified class action regarding unpaid wages, the Eastern District of Missouri considered whether Defendant must reproduce its searchable PDF document production in “computer readable” format. The court’s joint discovery order permitted the parties to produce their ESI in
-
Court Affirms Holding Defendants In Contempt of Court for Failure to Produce ESI
In Reed v. Cassidy, No. 49A05-1405-PL-220 (Ct. App. Ind. Mar. 9, 2015), the Court of Appeals of Indiana affirmed a trial court’s order sanctioning and holding in contempt of court Appellants-Defendants who failed comply with Plaintiffs’ discovery requests. Plaintiffs had initially served Defendants with requests for electronic discovery, including a request for email
-
Untimely and Piecemeal Defense Production Leads to Attorney Fee Award
Plaintiff filed a motion for sanctions due to Defendants’ continued failure to fully and completely respond to Plaintiff’s document requests in Logtale, Ltd. v. Ikor, Inc. et al., No. C-11-5452 EDL(DMR) (N.D. Cal. Feb. 11, 2015). Plaintiff filed its first motion to compel after Defendant produced an admittedly late and incomplete production. The court
-
Digital Photographs Produced In Native Format Comply with FRCP 34
In Kough v. Wing Enterprises, Inc., et al., No. 3:12-CV-250-PLR-HBG (E.D. Tenn. Jan. 13, 2005), the United States District Court, Eastern District of Tennessee considered Defendants’ objections to Plaintiffs’ production of digital photographs. Plaintiffs produced photographs in native digital format and in printed form but refused to provide Defendants with extracted metadata
-
Plaintiffs Avoid Sanctions for Untimely Production of ESI
In our last post, we reviewed the facts and procedure of the class action lawsuit Federico et al. v. Lincoln Military Housing LLC, et al., Case No. 2:12-cv-80 (E.D. VA, Dec. 31, 2014). After Defendant filed a motion to compel and a motion for sanctions and after the court ordered