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Production of Defendant Flash Drives Ordered for Expedited Discovery for Injunction
Should flash drives be produced by Defendant during expedited discovery for a preliminary injunction? If so, who should pay for it? Such were the issues in an Order regarding a Motion to Compel in Network Cargo Systems, U.S.A. v. Pappas, No. 13 C 9171 (N.D.Ill. May 7, 2014). Plaintiff was
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When is Issue Preclusion Warranted for Failure to Produce ESI?
Issue preclusion is the harshest sanction that can be imposed against a party—particularly when Defendant engages in evidence spoliation and does not have counter-claims to dismiss. For a case where a court considered issue preclusion as sanction against Defendant for ESI spoliation, see Ingrid & Isabel, LLC v. Baby Be
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When Must a Defendant Redo its ESI Production?
Our last post reviewed the disagreement over the “Concordance Load File Stipulation” that the parties entered into in the case EEOC v. SVT, LLC d/b/a Ultra Foods, Cause No. 2:13-CV-245-RLM-PRC (N.D. Ind. April 10, 2014). Despite the agreement with Plaintiff that the load file production would be tendered in native format,
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Agreement on Load Files Disregarded: Must the Defense Production be Redone?
When you have a Stipulated Order to produce electronically stored information in native file format with accompanying load files, parties should comply with the order or raise timely objections if problems arise. For an example of a case the defendant failed to do this, see EEOC v. SVT, LLC d/b/a
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Is Failure to Produce Native File Format Sanctionable After Arbitration?
In Sexton v. Lecavalier, No. 13 Civ. 8557 (AT)(S.D.N.Y. April 22, 2014), Plaintiff moves for contempt against a third-party witness, who responds by filing a Motion for Sanctions against Plaintiff and his attorney. The crux of the dispute? Whether, in arbitration, the third-party witness was required to provide email threads
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What Sanction is Warranted for Defendant’s (Almost) Total ESI Production Failure?
In this employment discrimination case Knickerbocker v. Corinthian Colleges, Case NO. C12-1142JLR (W.D. Wash. April 7, 2014)., the duty to preserve evidence for Defendants arose when it received an EEOC Notice of Charge of Discrimination regarding the termination of Plaintiffs in May 2012. Plaintiffs sent a demand letter shortly thereafter
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Must a Plaintiff Produce ESI When It Would be Largely Duplicative?
If a plaintiff corporation is producing ESI, but the bulk of the production lies with its subsidiary, must the plaintiff corporation also search its own electronic data, if it would be largely duplicative? This was one issue in Progressive Casualty Insurance Company v. FDIC, et al., Case No. 2:12-cv-00665-KJD-PAL (D.Nev.
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Defendants Ordered to Produce Email Attachments Despite Objections
If you have an eDiscovery order that directs a party to produce “all internal communications…” and “all electronic communications…” are email attachments included? The answer is clearly yes, but what if a party had been producing ESI in PDF format, not native file format-does that excuse the failure to tender
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Putative Class Action Lawsuit Entitled to “Sampling Protocol” of Defense Production
In McPherson v. Canon Business Solutions, Inc. Civil Action No. 12-7761 (JBS/AMD)(D.N.J. February 20, 2014), Plaintiff filed a putative class action lawsuit, but had not yet moved for class certification. The lawsuit alleged defendant engaged in violations of the Fair Credit Reporting Act (“FRCA”) in its hiring practices. Plaintiff electronic
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NY State Court Orders Defense Production in TIFF Format with Metadata
It has become clear that when plaintiffs ask for electronic data and ESI productions in TIFF format with metadata from the initial requests, courts will frequently enforce this formatting if disputes later arise. For a recent case, see the New York state court opinion dated January 24, 2014 Brandofino Commications,