Metadata – Page 3

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February 1, 2017

Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It

In Mr. Mudbug, Inc. v. Bloomin’ Brands, Inc., Case No. 15-5265 (E.D. La., Jan. 11, 2017), Plaintiff allegedly expanded its facilities to meet the requirements of Defendant’s contract, but then Defendant allegedly diverted business from Plaintiff and ultimately withdrew the entire contract. Defendant countersued for breach of contract. During litigation, Defendant served two sets of

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November 21, 2016

Plaintiff Ordered to Produce Metadata for Privilege Log

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., Case No. 15-01300 (D. S.C., Nov. 3, 2016), Plaintiff entered into a fronted insurance program with two reinsurance companies, Redwood and Dallas, whereby Redwood and Dallas assumed the risk but Plaintiff received a fee in exchange for their use of its name and paper.

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April 25, 2016

Eastern District of North Carolina Compels Re-Production of Certain ESI in Native File Format

Plaintiff in Spring v. Board of Trustees of Cape Fear Community College et. al., Case No. 15-00084 (E.D. N.C., Apr. 7, 2016) sued Defendants, a community college and various of its board members in their official capacity, for breach of contract as well as violations of various constitutional rights. Plaintiff was the former President of

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March 7, 2016

Pro Se Plaintiff Seeks Native ESI Format, Metadata, and Index

The pro se Plaintiff in Stormo v. City of Sioux Falls, et. al., Case No. 12-04057 (D. S.D., Feb. 19, 2016) sued Defendants for violations of his civil rights with respect to his personal property. The court granted summary judgment in part to Defendants, and Plaintiff amended his complaint to add new claims. Throughout the case, discovery disputes

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January 8, 2016

Southern District of Ohio Denies Access to Affidavit Metadata in Age Discrimination Case

In Guyton v. Exact Software North America, Case No. 14-502 (S.D. Ohio, Dec. 21, 2015), Plaintiff sued Defendant, her former employer, for age discrimination and sex discrimination. Defendant terminated Plaintiff after what Plaintiff alleges were years of favorable evaluations and promotions without negative incidents. At her termination, Defendant advised her that she was being terminated for

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October 12, 2015

Metadata Reveals Redacted Files Containing Discoverable Data

In U.S. Securities and Exchange Commission v. Commonwealth Advisors, Inc. et. al., Case No. 12-700 (M.D. La., Sept. 28, 2015), the Middle District of Louisiana considered Plaintiff’s motion to compel Defendants to produce additional documents for which Plaintiff argued Defendants had waived the attorney-client privilege. The court had earlier required Defendants to submit revised privilege logs to

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September 25, 2015

Defendants Ordered to Produce Email Metadata

In Prezio Health, Inc. v. Schenk, et. al., Case No. 13-1463 (D. Conn., Sept. 9, 2015), the District of Connecticut recently considered whether to order Defendants to produce metadata for already-produced emails in a recent opinion. Plaintiff sued a former employee and his current employer for violations of a non-compete provision in the employee’s contract

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September 18, 2015

Court Orders Defendant to Produce Native Files of Draft Affidavits

In Johnson v. RLI Insurance Company, Case No. 14-00095 (D. Alaska, Aug. 31, 2015), Plaintiff was injured in a car accident in which the driver was killed. Plaintiff sued the driver’s estate and received an over $2 million judgment and the assignment of any claims the estate had against its insurance company. Plaintiff then sought a declaratory

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July 31, 2015

Court Refuses To Order Production of Ballot Metadata

In White v. Skagit County and Island County, Case No. 72028-7-I (July 13, 2015), Plaintiff demanded that Defendant produce copies of voting ballots under the Public Records Act. Defendants objected, arguing that the Public Records Act (which requires that public records be made available for inspection and copying unless exempt either under a specific list

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June 15, 2015

Producing Party Must Pay For Native File Production After Failure To Meet and Confer

In Themis Bar Review, LLC v. Kaplan, Inc., Case No. 14CV208-L, May 26, 2015, the Southern District of California ordered Plaintiff to produce files in native format at its own cost after Plaintiff failed to properly meet and confer with Defendant. As part of its production to Defendant, Plaintiff, a distributor of bar exam study materials, had submitted a CD-ROM containing