Archive: December 2004

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Court Directs Production of Electronic Material in Native Format
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Court Denies Motion to Compel Review of CD-ROMs for Responsive Documents
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Court Awards $93,125.74 in Sanctions to Defendant in Kucala Enter. Case
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Court Orders Production of Documents Related to Retention Policy in light of “Shred Day”
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Court Denies Motion to Compel Production of Electronic Versions of Previously Produced Hard Copy
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Production of Electronic Materials Ordered without Cost-shifting Despite Claims of Undue Burden
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Court to Require Production of Electronic Data Index Only if Quick and Cheap Searching of CD-ROMs Unavailable
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Court Precludes Offering of Evidence as Sanction for Discovery Evasion
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Defendant Precluded from Using 80,000 Emails It Belatedly Produced
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Court Denies Motion Requiring Defendant to Allow Plaintiff onto Premises for Collection of Electronic Material

Court Denies Motion to Compel Review of CD-ROMs for Responsive Documents

Zakre v. Norddeutsche Landesbank Girozentrale, 2004 WL 764895 (S.D.N.Y. Apr. 9, 2004)

Plaintiff requested an order compelling defendant to review for responsive documents two compact discs containing some 204,000 emails. Defendant had conducted a review of the emails for privileged documents, but did not conduct a review for responsiveness to plaintiff’s specific document requests. Instead, the emails were provided to plaintiff in a text-searchable format. “In other words, plaintiff may search either disc for single words or phrases, or combinations of words or phrases.” 2004 WL 764895, at *1. Read More

Court Orders Production of Documents Related to Retention Policy in light of “Shred Day”

Rambus, Inc. v. Infineon Tech. AG, 220 F.R.D. 264 (E.D. Va. 2004)

Plaintiff had brought parallel patent infringement suits against a number of defendants in several forums. After it was discovered that the plaintiff had committed various acts of litigation misconduct, including the intentional destruction of relevant documents, the defendant moved to compel discovery into the plaintiff’s document retention, destruction, collection, and production. Read More

Court Denies Motion to Compel Production of Electronic Versions of Previously Produced Hard Copy

Northern Crossarm Co., Inc. v. Chem. Specialties, Inc., 2004 WL 635606 (W.D. Wis. Mar. 3, 2004)

Defendant produced its email in hardcopy form, amounting to about 65,000 pages, and plaintiff moved to compel defendant to produce the email in electronic form. The court denied the motion, stating: Read More

Production of Electronic Materials Ordered without Cost-shifting Despite Claims of Undue Burden

Super Film of America, Inc. v. UCB Films, Inc., 219 F.R.D. 649 (D.Kan. 2004)

Defendant sought discovery of electronic versions of e-mail, documents, databases and spreadsheets falling within the scope of Fed.R.Civ.P. 26 or defendant’s document requests. Plaintiff had made available to SFA non-archived electronic versions of e-mail, documents and spreadsheets, and stated that it had attempted to provide electronic copies of the documents requested within its “knowledge or expertise” of how to retrieve such documents from the company’s two computers. It argued that it did not have the expertise to recover any further electronic documents, and the court’s order requiring such production would be unduly burdensome. Read More

Court to Require Production of Electronic Data Index Only if Quick and Cheap Searching of CD-ROMs Unavailable

In re Lorazepam & Chlorazepate Antitrust Litig., 300 F.Supp.2d 43 (D.D.C. 2004)

Plaintiffs are Blue Cross Blue Shield of Minnesota and of Massachusetts, the Federated Mutual Insurance Company, and the Health Care Service Corporation (“the Blues”). They opted out of a settlement premised on antitrust violations by the defendant, Mylan Laboratories (“Mylan”). Read More

Court Precludes Offering of Evidence as Sanction for Discovery Evasion

In re LTV Steel Co., Inc., 307 B.R. 37 (N.D. Ohio 2004)

In bankruptcy proceeding, a creditor (“C&K”) submitted a claim for $1.9 million against the estate, a portion of which the debtor agreed was due. When the debtor sought discovery from the creditor relating to the disputed portion of the claim, C&K objected, offering new and different grounds as the debtor attempted to respond to the stated objections. Read More

Defendant Precluded from Using 80,000 Emails It Belatedly Produced

Thompson v. United States Dep’t of Hous. & Urban Dev., 219 F.R.D. 93 (D.Md. 2003)

Plaintiff filed a motion in limine to bar the defendant from calling certain witnesses based upon the defendant’s failure to produce 80,000 responsive email records until long after the discovery cut-off deadline. After making its initial rulings, and having observed that the issues presented had not yet been addressed in a published opinion in the District of Maryland, the court issued this opinion in order to provide a fuller explanation for its rulings. Read More

Court Denies Motion Requiring Defendant to Allow Plaintiff onto Premises for Collection of Electronic Material

Bethea v. Comcast, 218 F.R.D. 328 (D.D.C. 2003)

Plaintiff in an employment discrimination suit moved for an order compelling defendants to allow her to enter upon their premises, inspect their computer systems and related programs, and copy any information relevant to her claims. Plaintiff was dissatisfied with the results of the discovery process and suspected that defendants possessed more information than they had produced. Read More

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