Tag: Format Of Production

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United States v. First Data, 287 F. Supp. 2d 69 (D.D.C. 2003)
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Allen v. Armstrong, 2004 WL 1533934 (D. Conn. Apr. 5, 2004)
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SEC v. Beacon Hill Asset Mgmt. LLC, 231 F.R.D. 134 (S.D.N.Y. 2004)
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Pamlab, L.L.C. v. Rite Aid Corp., 2004 WL 2988482 (E.D. La. Dec. 9, 2004)
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Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)
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Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)
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Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)
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Daewoo Elecs. Co. v. United States, 650 F. Supp. 1003 (Ct. Int’l Trade 1986)

United States v. First Data, 287 F. Supp. 2d 69 (D.D.C. 2003)

Key Insight: Scheduling and case management order provides, inter alia, that document requests shall be responded to and documents produced within ten days after service, and that parties will produce documents in either hard copy form, or, in the case of electronic documents, in the native electronic format (or a mutually agreeable format)

Allen v. Armstrong, 2004 WL 1533934 (D. Conn. Apr. 5, 2004)

Key Insight: Order memorialized parties’ agreement regarding motion to compel: defendants agreed to produce all emails that exist in printed form, but would not conduct search of electronic database to retrieve emails since it would be cost prohibitive; defendant understood it would be precluded from offering evidence at trial that was not properly disclosed in discovery

Nature of Case: Employment discrimination

Electronic Data Involved: Email

SEC v. Beacon Hill Asset Mgmt. LLC, 231 F.R.D. 134 (S.D.N.Y. 2004)

Key Insight: Granting motion to compel contact list printed out from defendant’s contact management software program which was not timely included on defendant’s privilege log, court rejected “frivolous” argument that the contact list technically did not exist until it was printed: “For more than thirty years, Fed.R.Civ . P. 34(a) has included data stored on electronic media as being subject to a Rule 34 request. The fact that the data has not been printed out does not mean that the document does not exist. Indeed, if BH’s argument were meritorious, any party could avoid producing damaging documents through the simple expedient of storing them on electronic media and never printing them out.”

Nature of Case: SEC enforcement action

Electronic Data Involved: Email, spreadsheets and contact list

Pamlab, L.L.C. v. Rite Aid Corp., 2004 WL 2988482 (E.D. La. Dec. 9, 2004)

Key Insight: Where certain information was not available through defendant’s computer system and cost of recovering information through physical search could exceed damages claimed, court ruled that “prudent course” would be to place cost of physical search on plaintiff and instructed parties to develop a protocol for manual inspection of records at ten (of 3,000) stores; court further ordered defendant to provide available computer records

Nature of Case: Drug company claimed drug store chain improperly substituted one drug for another

Electronic Data Involved: Computer databases

Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)

Key Insight: Where defendant resisted production of technical specifications in electronic form because material had already been produced at great expense in hard copy form, magistrate ruled that defendant must allow plaintiff’s expert to view material in electronic form at defendant’s facility during regular business hours under and such further terms and conditions as the parties agree

Nature of Case: Patent infringement

Electronic Data Involved: Technical specifications

Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)

Key Insight: Defendant’s motion to dissolve TRO requiring preservation of documents and electronic data denied, however, “to mitigate the high costs associated with electronic document storage, the court will permit defendants to delete electronic records in the ordinary and usual course of business; provided, however, that hard copy records be made and kept of any and all [relevant] electronic records . . .”

Nature of Case: Race discrimination

Electronic Data Involved: Unspecified human resources records, payroll records

Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)

Key Insight: Court did not abuse discretion in denying request for computer tapes where requesting party already possessed all information from tapes on wage cards and were not deprived of any data

Electronic Data Involved: Computer tapes containing wage information

Daewoo Elecs. Co. v. United States, 650 F. Supp. 1003 (Ct. Int’l Trade 1986)

Key Insight: Zenith’s motion to compel granted, requiring production in usable form of SAS data sets, constituting final refined forms of data used to compute final results; court criticized government’s inordinately restrictive interpretation of its discovery obligations: “To say that the data sets into which the computer tapes were transferred are not governed by an order speaking of computer tapes is as if someone had said at the dawn of the era of typewriters that typed documents are not governed by a court order speaking of ‘writings.'”

Nature of Case: Proceeding to review Dept. of Commerce’s review of antidumping duty order regarding television sets

Electronic Data Involved: Data sets

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