Electronic Discovery Law

Posted at 5:00 AM on December 15, 2004 by K&L Gates

Court Need Not Compel Hard Copy Production where More Reasonable Accommodation Available

Sattar v. Motorola, Inc., 138 F.3d 1164 (7th Cir. 1998)

Defendant produced email on four-inch magnetic tapes which plaintiff, lacking the necessary equipment and software, was unable to read. Plaintiff moved to compel the production of the email in hard copy form (some 210,000 pages).

The court denied the motion to compel, concluding that a more reasonable accommodation was some combination of downloading the data from the tapes to conventional computer disks or a hard drive, or loaning plaintiff a copy of the necessary software, or offering plaintiff on-site access to the system. If these options failed, the court indicated it would require the parties to share equally in the copying costs. Ultimately, the defendant provided plaintiff a hard drive onto which it transferred the requested email data.

Trackbacks (0) Links to blogs that reference this article Trackback URL

Comments (0) Read through and enter the discussion with the form at the end

This blog/Web site is made available by the contributing lawyers or law firm publisher solely for educational purposes to provide general information about general legal principles and not to provide specific legal advice applicable to any particular circumstance. By using this blog/Web site, you understand that there is no attorney client relationship intended or formed between you and the blog/Web site publisher or any contributing lawyer. The blog/Web site should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

K&L Gates includes lawyers practicing out of more than 40 fully integrated offices located in North America, Europe, Asia, South America, and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information about K&L Gates or its locations and registrations, visit www.klgates.com.

Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.

e-Discovery Analysis & Technology group at K&L Gates, offering services related to ediscovery, review of electronic documents, electronic discovery and electronic evidence discovery.
K&L Gates LLP
925 Fourth Avenue, Suite 2900, Seattle, Washington 98104-1158
p. 206.623.7580, f. 206.623.7022