United States Fid. & Guar. Co. v. Braspetro Oil Serv. Co., 2002 WL 15652, 53 Fed.R.Serv.3d 60 (S.D.N.Y. 2002) Plaintiffs sought production of privileged documents, on the grounds that defendants had made all of the documents on their privilege log available to their experts, thereby waiving all privilege with respect to those documents, as well… Continue Reading
McNally Tunneling Corp. v. City of Evanston, 2001 WL 1568879 (N.D. Ill. Dec.10, 2001) In litigation arising from delays in a municipal sewer project, defendant sought electronic production of email, computerized schedules and cost summaries which had already been produced in hard copy form.
Trigon Ins. Co. v. United States, 204 F.R.D. 277 (E.D. Va. 2001) In taxpayer suit, government retained a litigation consultant (“AGE”) and a number of testifying experts. (One testifying expert was an owner of AGE; and all of the testifying experts coordinated their work through AGE.) During discovery proceedings on the defendant’s Daubert motion, it… Continue Reading
McPeek v. Ashcroft, 202 F.R.D. 31 (D.D.C. 2001) In employment discrimination suit, plaintiff requested that the Department of Justice search its computer backup system for evidence of retaliation. The court stated that there was no controlling authority for the proposition that restoring all backup tapes is necessary in every case. It observed:
GTFM, Inc. v. Wal-Mart Stores, 2000 WL 1693615 (S.D.N.Y. Nov. 9, 2000) At a conference with the court, defense counsel made inaccurate representations about defendant’s computer system capabilities, stating there was no way to cull certain data. About a year later, plaintiffs deposed a vice-president in the defendant’s MIS department and discovered that the defendant’s… Continue Reading
Danis v. USN Communications, Inc., 2000 WL 1694325, 53 Fed.R.Serv.3d 828 (N.D. Ill. 2000) After a protracted discovery dispute in which the parties collectively spent over $1.5 million litigating the issue of sanctions, the court determined that the defendants had failed to take adequate steps to preserve potentially relevant documents.
Simon Prop. Group L.P. v. mySimon, Inc., 194 F.R.D. 639 (S.D. Ind. 2000) Although the factual record on plaintiff’s motion to compel was “extremely sparse,” the court found that plaintiff had shown “some troubling discrepancies with respect to defendant’s document production.” 194 F.R.D. at 641. The court ruled that the plaintiff was entitled to attempt… Continue Reading
In re Gen. Instrument Corp. Sec. Litig., 1999 WL 1072507 (N.D.Ill. Nov. 18, 1999) Court denied plaintiffs’ motion to compel production of email from backup tapes, despite also finding that restoration of tapes could be done without undue expense.
Playboy Ent., Inc. v. Welles, 60 F.Supp.2d 1050 (S.D. Cal. 1999) After a third party produced email communications between itself and defendant, plaintiff followed up with defense counsel to inquire why the emails had not been produced by defendant. During the meet and confer discussions, plaintiff learned that defendant had a custom and practice of… Continue Reading
Adobe Sys., Inc. v. South Sun Prods., Inc., 187 F.R.D. 636 (S.D. Cal. 1999) Software makers sued for copyright infringement, alleging that the defendant had purchased single copies of certain software packages and installed software on multiple computers. On the same day the complaint was filed, plaintiffs sought an ex parte preservation order, arguing that… Continue Reading
Linnen v. A.H. Robbins Co., 1999 WL 462015 (Mass. Super. June 16, 1999) Plaintiffs moved to compel the production of email restored from defendant’s backup tapes. The estimated cost of restoration of the tapes and retrieval of responsive email ranged between $300,000 to over $1.4 million.
N.Y. Nat’l Org. for Women v. Cuomo, 1998 WL 395320 (S.D.N.Y. July 14, 1998) Potentially relevant material was lost when, at the end of the Cuomo administration, computer databases containing letters and reports sent to the governor, outgoing letters, internal memoranda, monthly summary reports and electronic mail, along with information saved by individual employees on… Continue Reading
Alexander v. FBI., 186 F.R.D. 78 (D.D.C. 1998) Former government official involved in the “Filegate” investigation testified in deposition that he deleted material from his computer when he changed positions within his department. The court noted that, despite official’s claims that he printed out relevant material before deleting it, “cause for concern should exist when… Continue Reading
Alexander v. FBI, 188 F.R.D. 111 (D.D.C. 1998) Plaintiffs sued for Privacy Act violations in connection with the FBI’s release of certain files to individuals in the White House. Plaintiffs sought restoration and production of email and deleted files from backup tapes and hard drives.
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).
Concord Boat Corp. v. Brunswick Corp., 1997 WL 33352759 (E.D. Ark. Aug. 29, 1997) For approximately a year, the parties attempted to resolve issues concerning defendant’s electronic information. The court instituted a “spot-checking” procedure to help determine the adequacy of all parties’ production. Based on results of that procedure, plaintiff moved for an adverse inference/spoliation… Continue Reading
In re Cheyenne Software, Inc., 1997 WL 714891 (E.D.N.Y. Aug. 18, 1997) Plaintiff moved for various discovery sanctions, demonstrating, among other things, that defendants had failed to review potentially responsive email that had been previously provided to the SEC. The court ruled that defendants would be required to bear the cost of downloading and printing… Continue Reading
Storch v. Ipco Safety Prod. Co. of Pa., 1997 WL 401589 (E.D. Pa. July 16, 1997) Plaintiff sought production of a disk containing sales data that had been produced in hard copy form, arguing that the electronic version was needed in order to run an analysis of the information. Otherwise, she stated, she would incur… Continue Reading
Fennell v. First Step Designs, Ltd., 83 F.3d 526 (1st Cir. 1996) In wrongful termination suit, defendant moved for summary judgment after the close of discovery. Plaintiff sought to continue the motion under Fed. R. Civ. P. 56(f) and requested additional discovery. At issue was a critical document exonerating defendant, which plaintiff claimed had been… Continue Reading
Gates Rubber Co. v. Bando Chem. Ind., Ltd., 167 F.R.D. 90 (D. Colo. 1996) Based on evidence obtained during discovery that defendant had destroyed computer files, plaintiff was granted expedited discovery and a site inspection order for the purpose of locating and copying materials, including all computer records, that it wished to preserve. However, plaintiff’s… Continue Reading
In re Brand Name Prescription Drugs Antitrust Litig., 1995 WL 360526 (N.D. Ill. June 15, 1995) Plaintiffs moved to compel production of email stored on defendant’s backup tapes. Claiming to have 30 million pages of email data stored on the subject tapes, the defendant resisted the motion on burdensomeness and other grounds. Defendant estimated that… Continue Reading
Armstrong v. Executive Office of the President, 1 F.3d 1274 (D.C. Cir. 1993) Researchers and nonprofit organizations challenged the proposed destruction of federal records (email communications). The court held that substantive email communications constituted “records” under the Federal Records Act, and that, “since there are often fundamental and meaningful differences in content between the paper… Continue Reading
In re Air Crash Disaster at Detroit Metro. Airport, 130 F.R.D. 634 (E.D. Mich. 1989) Defendant aircraft manufacturer produced flight simulator material in hard copy form, and defendant Northwest Airlines moved to compel production of the program and data on computer-readable nine-track magnetic tape. Northwest argued that, without a tape, its expert would be forced… Continue Reading
Bills v. Kennecott Corp., 108 F.R.D. 459 (D. Utah 1985) In age discrimination suit, plaintiffs sought production of documents containing detailed information about numerous employees. In order to supply the data to plaintiffs in usable form, defendant offered to supply either a computer tape or printout of the data at plaintiffs’ choice, but only on… Continue Reading