Category: ESI

  • Are Back-up Servers and Back-up Tapes the Same Thing in eDiscovery?

    23 Apr 2014

    In the last post, we discussed the Defendant’s meager ESI production in Knickerbocker v. Corinthian Colleges, Case NO. C12-1142JLR (W.D. Wash. April 7, 2014). Pending is Plaintiff’s Motion for Sanctions for failing to produce Plaintiffs’ email communications within their control, among other deficiencies. (Read the prior post for a fuller

  • Must a Plaintiff Produce ESI When It Would be Largely Duplicative?

    2 Apr 2014

    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.

  • Defendants Ordered to Produce Email Attachments Despite Objections

    10 Mar 2014

    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

  • Plaintiff ESI Requests Causing eDiscovery Disputes in Employment Case

    28 Feb 2014

    In the case Assaf v. OSF Healthcare System, No. 11-4108 (C.D.Ill. January 29, 2014), the court considered two motions: Plaintiff’s Motion to Compel and Defendants’ Motion to Limit Discovery. In this employment discrimination case, plaintiff alleged violations of Title VII, breach of contract and a state law employment claim. Plaintiff

  • It Takes Two to Tango (Or To Hold a Productive 26(f) Meet and Confer)

    31 Jan 2014

    All civil litigators know Fed. R. Civ. Pro. 26(f), which requires a meet and confer between the parties to sort out issues of ESI production before taking any disputes to the court. But what constitutes a good faith meet and confer? This was one issue in the case Viteri-Butler v. University

  • Plaintiffs Allowed ESI Discovery Despite Pending Motion to Dismiss

    8 Jan 2014

    In the class action case Galaria v. Nationwide Mutual Insurance Company, Civil Action No. 2:13-cv-00118, 2:13-cv-00257 (S.D.Ohio, December 16, 2013, defendant asked the court to stay discovery pending a ruling on its Motion to Dismiss. Plaintiff electronic discovery requests had included electronically stored information (ESI) over a timespan of five

  • CD Disk OK When Discovery Request Fails to Specify ESI Format

    25 Nov 2013

    If a CD disk is produced with electronic data in native format but counsel cannot open it on a laptop, does it fail to meet the requirements of electronically stored information in Federal Rule 26? That was the question in the Order on Duces Tecum Production dated November 12, 2013

  • Plaintiff ESI to Be Uploaded to Secure Database in FDIC Case

    4 Nov 2013

    In FDIC v. Giannoulias et al., No. 12 C 1665, (N.D.Ill. October 23, 2013), plaintiff FDIC, acting as receiver for a bank, sued to recover millions of dollars in losses for loans the FDIC alleged the defendants had negligently approved. Discovery commenced and “Phase II” of discovery included plaintiff ESI

  • Court Agrees Boolean Phrasing Useful in Searching Electronic Data

    25 Oct 2013

    In the case Swanson v. Alza Corporation, No. CV 12-04579-PJH (KAW), (N.D. Cal, October 7, 2013), Defendant filed a Motion to Compel the Plaintiff ESI production. Specifically, Defendant sought to compel Plaintiff to use its chosen search terms and to update the interrogatories (the parties were able to resolve the

  • Patent Lawsuit Against Google Kicks Off with eDiscovery Dispute

    18 Oct 2013

    In a discovery order issued in the case Unwired Planet, LLC v. Google Inc., Case No. 3:12-CV-0504-MMD(VPC), the court considered one issue regarding Google’s technical document production. Google had produced 280,000 pages of electronic data, and plaintiff alleged the metadata showed four custodians, none of which were actual people. (The