Banks v. St. Francis Health Ctr., Inc., No. 15-cv-2602-JAR-TJJ, 2015 WL 7451174 (D. Kan. Nov. 23, 2015)

Key Insight: Addressing Plaintiff?s Motion to Compel, court overruled Defendant?s objection to producing ESI in native format with metadata where Defendant failed to indicate in its objection the form of production it intended to use instead and did not support its objection by explaining why it could not or should not be required to produce as requested and, in fact, admitted that it had previously produced material in native format; court denied without prejudice Plaintiff?s motion to compel responses outlining Defendant?s search efforts (sometimes called “discovery on discovery”) where Plaintiff?s counsel failed to confer with Defense counsel prior to bringing the motion, as is required by the District of Kansas? ESI Guidelines

Nature of Case: Title VII: racial discrimination, retaliatory conduct

Electronic Data Involved: ESI