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Must a Party’s Journal Be Produced in Native Form with Metadata?
In Perea v. Conner and State Farm, No. CIV-13-0697 KG/LAM (D.NM Sept. 26, 2014), Defendant filed a Motion to Reconsider the court’s ruling on the discovery requests for production, which denied them additional electronic data. In dispute is a Plaintiff’s Pain Journal, submitted as a PDF that was scanned in
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Does Mediation Shield Otherwise Discoverable Data from Production?
Mediation can be an integral part of any plaintiffs’ strategic planning. In Francesca Gonzales, et al., v. T-Mobile, USA, Inc., et al., Case No. 13cv1029-BEN (BLM). (S.D. Cal. August 14, 2014), Defendants sought a protective order that would block Plaintiffs from using data compilations that were provided for mediation purposes.
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What Is the Preferable Format of Document Production?
The format in which electronically stored information (ESI) is produced during discovery is an issue of central important in plaintiffs’ ESI production because of the compounded effects that it can have on litigation. In Al-Daiwa, LTD, v. Apparent, Inc., et al., No. C 13-04156 VC (LB) (N.D. Cal. July 28,
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Must Nonparties Produce Unredacted Electronic Data in Native Format?
A recent blog post discussed whether defendants are allowed to produce non-searchable PDFs rather than native file formatting. Prior to that we even had the chance to look at whether parties can unilaterally redact information that they deemed irrelevant. Now, we turn our attention to whether nonparties are explicitly required to
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What is the Proper Scope When Requesting Production of Cellphones?
Cellphones are technological innovations that are in a constant state of evolution, as evidenced by the booming market and increasingly intelligent functions that they employ. Cellphones have also become hubs for personal and private information. In Yosif Bakhit, et al., v. Safety Marking, Inc., et al., (D. Conn. June 26,
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Can a Defendant Unilaterally Redact Info It Deems Irrelevant from a Production?
In response to the plaintiff steering committee’s discovery requests in the multidistrict litigation In re: Stryker Rejuvenate and ABGII Hip Implant Products Liability Litigation (D. Minn. June 20, 2014), Defendant produced 3,400 documents of which 1,932 were redacted. Defendant produced a privilege log, but Plaintiff contended that this redacted information
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Can Defendants Produce Non-Searchable PDFs Rather than Native File Formatting?
In Dixon v. Experian Information Solutions, Inc. and Green Tree Servicing, LLC (N.D. Ind. June 25, 2014), Plaintiff alleged Defendants reported inaccurate information in his credit file about his mortgage account in violation of 15 U.S.C. § 1681 et al., the Fair Credit Reporting Act (“FCRA”). Plaintiff eDiscovery requests were
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Can Plaintiffs Produce ESI in the Usual Course of Business?
Producing relevant electronically stored information (ESI) and compelling discovery are common concepts in litigation. However, some litigants are still confused by ESI productions and FRCP 34(b)(2)(E)(i). The court clarified this issue in Guild Associates, Inc. v. Bio-Energy (Washington) LLC, (S.D. Ohio June 18, 2014). The pertinent part of the case
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Must Plaintiffs Organize ESI Produced in the Usual Course of Business?
An ever present issue in eDiscovery and discovery in general, is the question of how to best balance the burden and expense of reviewing documents. This is an issue the court addressed in FDIC-R v. Walter B. Bowden, et al., Case No. CV413-245 (S.D. Ga. June 6, 2014). The parties
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Should Video Surveillance (ESI) Warrant Delayed Production During Discovery?
In the Part I of Sowell v. TARGET CORPORATION, No. 5: 14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014), we took up the issue of whether or not video surveillance, as ESI, can be considered protected work product. Now, we address the question of if and when video surveillance should warrant delayed