Archive: August 16, 2006

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Nuances of the New Rules
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Defendant Not Required To Produce Employee Contact Information in Electronic Form

Nuances of the New Rules

An article by Martha Dawson in Law Technology News’ August 2006 EDD Showcase:

"On December 1, 2006, assuming no last-minute action from Congress, new Federal Rules of Civil Procedure governing electronically stored information go into effect. The new rules will apply to all cases filed after December 1, and to all pending cases to the extent "just and practicable."

You’ve heard the news before, probably attended CLE programs discussing them, and may even have the text of the rules on your desk to read sometime soon. But do you understand what these rule changes really mean, as a practical matter, to you and your clients? Are you prepared?"

Click here to read the entire article.

Defendant Not Required To Produce Employee Contact Information in Electronic Form

E.E.O.C. v. Lexus Serramonte, 2006 WL 2329510 (N.D. Cal. Aug. 9, 2006)

In this decision, the court ruled upon plaintiff’s motion to compel defendants to respond to the following:

(1) Interrogatory No. 9 “IDENTIFY each PERSON employed by YOU at YOUR Lexus of Serramonte Facility during the REQUESTED TIME PERIOD providing the following information for each: name, gender, hire date, last date employed if currently laid off, residence addresses, telephone numbers, social security number, and employment position.”; (2) Request No. 17 “An electronic database file, in Quattro Pro readable format, IDENTIFYING YOUR CURRENT employees in the Serramonte Facility including each employees’ name, gender, hire date, last date employed if currently laid off, residence addresses, telephone numbers, social security number, and employment position.”; and (3) Request No. 18 “An electronic database file, in Quattro Pro readable format, IDENTIFYING all female employees that worked with or under the supervision of Roderick V. Helaire, Francis Chang, Yan Epshtein and Bob Fraley from 2000 to the present, including each employee’s name, hire date, last date employed if currently laid off, residence addresses, telephone numbers, social security number, and employment position.”

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