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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
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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
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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
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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,
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Court Denies Discovery Sanctions Where No Prejudice Resulted From Failure to Produce Documents
The United States District Court for the Northern District of California recently denied discovery sanctions in the case of Oracle America, Inc., et. al. v. Terix Computer Company, Inc., et. al., Case No. 13-cv-03385 ( May 19, 2015). Plaintiffs filed the Motion for Sanctions after deposing a defense witness and learning
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7-Eleven Ordered to Produce Metadata in Franchise Litigation
In Younes, et al. v. 7-Eleven, Inc., Civil Nos. 13-3500 (RMB/JS), 13-3715 (MAS/JS), 13-4578(RMB/JS) (D.N.J. Mar. 18, 2015), the District Court of New Jersey considered whether to order Defendant 7-Eleven to produce metadata requested by Plaintiffs, despite the parties’ initial agreement to not request metadata production. Plaintiffs, 7-Eleven franchise owners who allege business
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Pennsylvania Court Addresses ESI Issues Under Right to Know Law
In the Pennsylvania state court case Paint Township v. Clark, No. 2113 C.D. 2013 (Pa. Comm. Ct. Feb. 5, 2015), Plaintiff Paint Township (“Township”) appealed a trial court’s order directing it to produce cell phone records from two public officials of the Township’s Board of Supervisors under Pennsylvania’s Right to Know Law (RTKL). Mr.
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Digital Photographs Produced In Native Format Comply with FRCP 34
In Kough v. Wing Enterprises, Inc., et al., No. 3:12-CV-250-PLR-HBG (E.D. Tenn. Jan. 13, 2005), the United States District Court, Eastern District of Tennessee considered Defendants’ objections to Plaintiffs’ production of digital photographs. Plaintiffs produced photographs in native digital format and in printed form but refused to provide Defendants with extracted metadata
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Agreement on Native Productions Notwithstanding Disputes Regarding Deduplication, Metadata and PDF Sub-Files
In Williams v. Convival Corp, et al., Case No. 2:13-cv-02019-APG-PAL (D.Nev. December 5, 2014), the parties disagreed on an appropriate ESI Protocol Order and sought the court’s guidance. Plaintiff wanted the protocol to begin with a guidelines section that i) encouraged reasonable eDiscovery with the goal of limiting cost, burden and time; ii) required
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Can a Database Be Too “Large and Unindexed” for an ESI Search?
Can a defendant successfully convince a court that because its electronic database is “large and unindexed,” the defendant does not have to search the database for responsive records pursuant to a plaintiff’s ESI request? Or, alternatively, if a court requires a defendant to search a “large and unindexed” database, should it shift the costs of production onto the