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CD Disk OK When Discovery Request Fails to Specify ESI Format
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
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Court Agrees Boolean Phrasing Useful in Searching Electronic Data
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
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Federal Rule 34 Regarding ESI: What is the Correct Means of Document Production?
In an interim order by a magistrate judge dated June 28, 2013 in Kwasneiwski et al. v. Sanofi-Aventis US LLC, et al., 2:12-cv-00515-GMN-NJK (D. Nev. 2013), the defendants responded to plaintiff discovery requests by producing a large amount of documents and data that was not organized to match the requests.