Category: ESI

Court Refuses to Order U.S. Government to Reproduce Searchable ESI Production

Electronic discovery issues can occur even in criminal cases. In United States v. Meredith, Case No. 12-00143 (W.D.K.Y., September 22, 2015), Defendant filed a motion to compel production of electronic documents in a “usable” format as well as electronic production of Brady material. The government produced a large quantity of

Utah Supreme Court Affirms Trial Judge’s Decision to Exclude Electronic Exhibits

In the divorce matter Dahl v. Dahl, 2015 UT 79, Case Nos. 20100683, 20111077 (Ut., Aug. 27, 2015), the Utah Supreme Court considered a trial judge’s decision to exclude most of one party’s exhibits because the party had failed to properly identify the electronic files it planned to use as exhibits during

Northern District of California Taxes E-Discovery Costs

In U.S. Ethernet Innovations, LLC v. Acer Inc., et. al., Case No. 10-03724 (N.D. Cal., Sept. 4, 2015), a patent infringement case, the Northern District of California ordered Plaintiff to pay the prevailing party’s costs pursuant to Fed. R. Civ. P. 54(d). The clerk of the court taxed these costs pursuant

Court Orders In-Person, Court-Supervised Meet and Confer Sessions for Future Discovery Disputes

The plaintiffs in Wilson et. al. v. Conair Corp., Case No. 14-00894 (E.D. Cal., Aug. 17, 2015) filed suit against Defendant alleging injury from defective hairstyling appliances.  Plaintiffs are currently conducting pre-class certification discovery, much of which has ended up in disputes before the court after the parties failed to

Does NY Privilege Law Allow for Accountant/Client Confidentiality?

In Executive Management Services, Inc. et. al. v. Fifth Third Bank, Case No. 13-00582 (S.D. Ind., August 12, 2015), Defendant filed a Motion to Compel documents requested from third parties – Plaintiffs’ accountant and attorneys. The accounting firm and the law firm both claimed the documents and data were protected

Western District of Michigan Declines to Reconsider Magistrate Judge’s Three Discovery Orders

In the consolidated case of Stryker Corp. et. al. v. Ridgeway et. al., Case Nos. 13-1066 and 14-889 (W.D. Mich., Jul. 20, 2015), Defendant Ridgeway appealed three unfavorable discovery orders entered by the magistrate judge. The first order required Defendant to pay a portion of Plaintiffs’ discovery costs, including paying for the costs Plaintiffs incurred

Court Orders Defendant to Produce Source Code in Native Format

In CQuest America, Inc. v. Yahasoft, Inc., Case No. 13-3349 (July 30, 2015), the U.S. District Court for the Central District of Illinois recently considered whether to order a defendant to produce source code in native format. Plaintiff received a contract to perform services for the Illinois Department of Human Services. Related to

Court Concludes That It Lacks The Expertise to Resolve Complex ESI Issue

In ACI Worldwide Corp. v. MasterCard Technologies, LLC and MasterCard International, Inc., Case No. 8:14CV31 (Jul. 13, 2015), the District Court for the District of Nebraska considered Plaintiff’s motion to compel Defendants to produce ESI related to complex computer licensing. Plaintiff alleged that Defendants disclosed confidential proprietary information to a third party,

Court Refuses to Order Additional Custodial Production

In Pan American Life Insurance Co. v. Louisiana Acquisitions Corp., et. al., Case No. 13-5027 (Jul. 9, 2015), the U.S. District Court for the Eastern District of Louisiana considered Plaintiff’s Motion to Compel production of additional ESI from a yet unsearched custodian. After Defendants’ initial document production, Plaintiff sought production of additional

Failure to Seek Native Format and Metadata at Outset Sinks Plaintiff Request

In U.S. ex rel Carter v. Bridgepoint Education, Inc., et. al., Case No. 10-01401, the Southern District of California considered, among other things, Plaintiffs’ request that Defendants produce emails in native format and produce metadata for all ESI, including for ESI already produced by Defendants. Defendants, an education company that receives most