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Court-ordered Disclosure of Metadata Uncovers Falsified Document
Metadata, a.k.a. the “data about data,” provides an extremely useful source of electronic discovery information, and new cases every day demonstrate that courts increasingly recognize its relevancy as evidence. In Tangible Value, LLC v. Town Sports International Holdings Inc., Civil Action No. 10-1453-MAS-TJB (D.N.J. November 19, 2014), the production of metadata irrevocably altered
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Can Plaintiff Receive Expedited Discovery to Investigate Spoliation?
In the class action case Mirkarimi v. Nevada Property 1 LLC, Case No. 12cv-2160-BTM (DHB) (S.D.Cal. November 18, 2014), the court granted a number of extensions for class certification discovery between March and September of 2014. Defendant repeatedly indicated to Plaintiff and the court that it was diligently retrieving audio recordings
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Can this Plaintiff Get Medical Records in Native File Format with Metadata?
Peterson v. Albert Matlock, et al., Civil Action NO. 11-2594(FLW)(DEA)(D.N.J. October 29, 2014) is a civil case of a prisoner suing the New Jersey DOC, alleging correctional officers severely beat him while in custody. As part of the defense production, PDF files of Plaintiff’s medical records were tendered. Plaintiff filed
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Is This Litigant Conflating the Dual Requirements of Federal Rule 34(b)(2)(E)?
In the patent case Ventura Corp. Ltd. et al., v. Barrett, Case No. 5:13-cv-03384-PSG (N.D.Cal. Oct. 16, 2014), pending before the court was a Motion to Compel filed by Barrett. The Motion alleged the plaintiff ESI production was unorganized and failed to be labeled to identify which documents were responsive
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Can an International Subpoena Obtain Metadata from Google and Twitter?
In Re Request for Subpoena by Ryanair Limited, Case No. 5:14-mc-80270-BLF-PSG(N.D.Cal. Oct. 9, 2014) is an application for an order to obtain discovery to third-party witnessses Google and Twitter regarding a lawsuit pending in the Dublin Circuit Court in Ireland. Applicant obtained a default judgment against the Defendant in the
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Must a Party’s Journal Be Produced in Native Form with Metadata?
In Perea v. Conner and State Farm, No. CIV-13-0697 KG/LAM (D.NM Sept. 26, 2014), Defendant filed a Motion to Reconsider the court’s ruling on the discovery requests for production, which denied them additional electronic data. In dispute is a Plaintiff’s Pain Journal, submitted as a PDF that was scanned in
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Can Metadata Uncover Altered Photographs for Insurance Disputes?
Metadata, or data about data, can uncover a multitude of information about all types of electronic data, including but not limited to digital photographs. In Knoderer v. State Farm Lloyds, et al., No. 06-13-00027-CV (Ct.App. Tx. 6th Dist. Sept. 19, 2014), a residential insurance dispute, both sides accused the other
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Should Parties Tender Back-Up Tapes Without a Privilege Review?
In the consolidated case Dynamo v. Commissioner of Internal Review and Beekman v. Commissioner of Internal Review, Docket Nos. 2685-11, 8393-12 (US Tax Ct. Sept. 17, 2014), the Commissioner (Respondent) requested production of the electronically stored information (ESI) on two specific backup storage tapes – or the tapes themselves –
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Can You Amend a Pleading to Allege eDiscovery Abuses?
In Amusement Industry, Inc. v. Moses Stern No. 07 Civ. 11586 (LAK)(GWG)(S.D.N.Y. Sept. 10, 2014), Plaintiff motioned after the close of discovery to amend its pleading to add a state law claim of “deceit.” The motion alleged Defendant wrongfully omitted key emails from the defense production and improperly and misleadingly
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Must a Party Provide Metadata When the Info is on the Face of the Document?
In Melian Labs Inc. v. Triology LLC, Case No. 13-cv-04791-SBA (KAW), N.D.Cal September 4, 2014, the parties entered into a discovery agreement pursuant to Fed.R.Civ.Pro. 26(f). The agreement stated metadata need only be provided as part of the ESI to show the following fields: Dates sent and received Times sent and