Archive: September 27, 2006

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Citing Pending E-Discovery Amendments, Court Explains Why Forensic Inspection of Defendant’s Computers Is Not Warranted

Citing Pending E-Discovery Amendments, Court Explains Why Forensic Inspection of Defendant’s Computers Is Not Warranted

Powers v. Thomas M. Cooley Law School, 2006 WL 2711512 (W.D. Mich. Sept. 21, 2006)

In her complaint, plaintiff alleged that the law school had failed to grant her reasonable accommodations necessitated by problems with her vision. Part of the factual basis of plaintiff’s case was the allegation that the computer systems maintained by the law school to assist persons with visual disabilities repeatedly malfunctioned, especially during plaintiff’s final examinations.

Previously, the court had ordered defendant to produce all work orders to the IT Department involving three specified rooms in defendant’s Lansing campus for a particular time period. Plaintiff moved to compel the law school to comply with the prior discovery order, but did not seek permission to allow plaintiff’s expert to conduct an inspection and investigation of defendant’s database to extract allegedly relevant information.
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