Key Insight: Plaintiffs sought to compel production of responsive documents relating to Defendant?s sale of products carrying the Little Tikes brand. Defendant had attached documents to its opposition motion that it had not previously produced to Plaintiff, which prompted the current motion. Plaintiffs requested that Defendant ?identify all custodians of documents referring or relating to Defendant?s sale? and conduct a ?forensic analysis of all Defendants? document custodians? to locate responsive documents. The court denied Plaintiff?s request for a forensic analysis, noting ?that the motion is based only on speculation and lacks conclusive proof that responsive documents are actually being withheld.? However the court found that Defendant?s ESI searching ?may have been inadequate? and were performed ?without guidance or supervision from an attorney on how to conduct a search.? The court ordered a meet and confer to identify custodians and agree on search terms, the Defendant must then perform the searches of ESI on Defendants’ computers/systems (supervised by an attorney who must then submit a declaration) and produce responsive documents.
Electronic Data Involved: ESI