Archive: June 26, 2006

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Court Requires Production of Electronic Documents in Native Format
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Washington Court Enters Ultimate Sanction of Default Against Defendants for Discovery Abuses, Reinstating $8,064,055 Jury Verdict

Court Requires Production of Electronic Documents in Native Format

In re NYSE Specialists Sec. Litig., 2006 WL 1704447 (S.D.N.Y. June 14, 2006)

In this ruling regarding various class certification discovery issues, the court ordered:

  • The Specialist Defendants shall produce all documents previously produced by them to the Securities and Exchange Commission (the "SEC") and the New York Stock Exchange (the "NYSE") in the course of their investigations of the Specialist Defendants’ actions underlying this litigation.
  • All hard copy documents shall be produced on single page tiff images, uploadable on both Opticon and Concordance.  All electronic documents shall be produced in their native format.  When producing electronic documents, the producing party shall also provide all metadata

Washington Court Enters Ultimate Sanction of Default Against Defendants for Discovery Abuses, Reinstating $8,064,055 Jury Verdict

Maga?a v. Hyundai Motor America, No. 00-2-00553-2 (Clark County, Wash. Super. Ct. Feb. 15, 2006) (Findings of Fact and Conclusions of Law Re:  Default Judgment)

At the first trial of this product liability case, the jury awarded plaintiff over $8 million in damages for injuries he sustained after he was ejected out of the hatchback of a 1996 Hyundai Accent in a 1997 accident.  Hyundai appealed liability but not damages, and the case was remanded for a second trial on the issue of liability.  Preparing for the second trial, plaintiff filed a motion to compel defendants to produce documents relating to other similar incidents.  The court granted the motion, and ordered Hyundai to produce “Police Reports, legal claims, consumer Complaints and Expert Reports or Depositions and Exhibits and photographs thereto with respect to all consumer complaints and lawsuits involving allegations of seatback failure on all Hyundai vehicles with single recliner mechanisms regardless of incident date and regardless of model year.”  Hyundai was ordered to produce all legal claims, consumer complaints and policy reports by November 21, 2005, and to produce all expert reports, photographs, depositions and exhibits thereto by December 1, 2005.

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