Electronic Discovery Law

Posted at 11:17 AM on February 2, 2005 by K&L Gates

Magistrate Judge Orders Plaintiff to Describe Scope of Document Search in Detail

Icu Medical, Inc. v. B. Braun Medical, Inc., 2005 WL 151927 (N.D.Cal. Jan. 4, 2005)

In response to a joint discovery dispute letter in which defendant sought an order requiring plaintiff to conduct an adequate search for documents in response to defendant's production requests, the magistrate judge ordered:

(1) To the extent not already completed, plaintiff shall search all computerized files, emails, voice mails, work files, desk files, calendars and diaries, and any other locations and sources if materials of the type to be produced might plausibly be expected to be found there. Said search shall be completed no later than January 25, 2005;

(2) No later than February 1, 2005, plaintiff shall produce all non-privileged documents in response to defendant's request. At the time of production, plaintiff shall provide a written list to defendant setting forth each specific source and location searched in response to this Order, as well as the persons conducting the search and their areas of search responsibility. Plaintiff shall also provide a list describing the specific source for each produced item as well as for each item withheld on a ground of privilege; and

(3) At the time of production, plaintiff shall also produce a declaration attesting under penalty of perjury that (a) all locations and sources that might plausibly contain materials of the type to be produced have been searched, either prior to or in response to this Order, and (b) all non-privileged documents have been produced.

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