Tag: Format Of Production

1
Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)
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In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)
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Georgia Emission Testing Co. v. Reheis, 602 S.E.2d 153 (Ga. Ct. App. 2004)
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State v. Cartwright, 336 Or. 408, 85 P.3d 305 (2004)
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Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)
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Timpken Co. v. United States, 659 F. Supp. 239 (Ct. Int’l Trade 1987)
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Hahn v. Minn. Beef Ind., 2002 WL 32667146 (D. Minn. Mar. 8, 2002)
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TPS, Inc. v. U.S. Dept. of Defense, 330 F.3d 1191 (9th Cir. 2003)
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Hines v. Widnall, 183 F.R.D. 596 (N.D. Fla. 1998)

Sonnino v. Univ. of Kansas Hosp. Auth., 2004 WL 764085 (D. Kan. Apr. 8, 2004)

Key Insight: Defendant’s response to (overbroad) document request, which directed requesting party to defendant’s web site where relevant HR policies and a particular employee handbook could be retrieved, was not insufficient response; court narrowed request and ordered production of any additional documents within 20 days; no sanctions warranted

Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination

Electronic Data Involved: Electronic HR policies and manuals

In the Matter of Certain Network Interface Cards, 2001 WL 1217233 (U.S.I.T.C. Oct. 12, 2001)

Key Insight: Where there were gaps in plaintiff’s production of email, administrative law judge granted motion to compel production of email from plaintiff’s backup tapes but ordered parties to share the costs of such production

Nature of Case: Case before the U.S. International Trade Commission

Electronic Data Involved: Email

Georgia Emission Testing Co. v. Reheis, 602 S.E.2d 153 (Ga. Ct. App. 2004)

Key Insight: Trial court abused its discretion in ordering parties to share costs of requested discovery equally, and should have ordered the requesting party to bear full cost where requested information should have been available in the requesting party?s own records, and the request involved the creation of a report that otherwise did not exist, and had to be specially created by a nonparty contractor at significant cost

Nature of Case: Suit to recover fees improperly assessed pursuant to Motor Vehicle Emission Inspection and Maintenance Act

Electronic Data Involved: Special report extracted from massive database of information

State v. Cartwright, 336 Or. 408, 85 P.3d 305 (2004)

Key Insight: Concluding that defendant had a right to obtain audiotaped prior statements of witnesses for use in cross-examining the individuals whose statements were on the tapes, court noted in footnote: “The audiotapes at issue here are the functional equivalent of written statements. It would be a towering triumph of form over substance to hold that [defendant’s former employer’s] choice of an electronic, rather than a documentary, mode of preserving the witness’ statements puts the statements beyond the reach of a subpoena duces tecum.”

Nature of Case: Criminal sexual harassment

Electronic Data Involved: Audiotapes of witness’ statements made by defendant’s former employer

Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)

Key Insight: Where evidence showed there was no feasible and economic electronic means by which certain data could be produced, court ruled that, to the extent defendants intended to introduce evidence related to such data at trial, defendants would be required to produce all such evidence, documentary, electronic or otherwise, upon which they intend to rely

Nature of Case: Class action

Electronic Data Involved: Information regarding damages, offsets and class member eligibility

Timpken Co. v. United States, 659 F. Supp. 239 (Ct. Int’l Trade 1987)

Key Insight: Defendant ordered to provide copies of computer tapes containing data previously provided in hard copy form

Nature of Case: Challenge of decision by Dept. of Commerce to deny plaintiff access to computer tapes in trade investigation

Electronic Data Involved: Computer tapes containing costs and sales data

Hahn v. Minn. Beef Ind., 2002 WL 32667146 (D. Minn. Mar. 8, 2002)

Key Insight: Where, after months of discovery disputes, reports upon which defendant urged plaintiff to rely in lieu of full database turned out to be inaccurate, court denied plaintiff’s motion for entry of default judgment for discovery abuse and instead postponed trial so that defendant could produce accurate information; however, court imposed monetary sanctions against defendant representing plaintiff’s legal and expert fees for time spent working with inaccurate data

Nature of Case: Employment discrimination

Electronic Data Involved: Database, reports, electronic data

TPS, Inc. v. U.S. Dept. of Defense, 330 F.3d 1191 (9th Cir. 2003)

Key Insight: Reversing summary judgment for DOD, court stated that relevant inquiry as to whether an agency must provide information in requested format is whether, in general, a requested format is one that is “readily reproducible” by the agency, benchmarked against the agency’s “normal business as usual approach” with respect to reproducing data in the ordinary course of the agency’s business (not limited solely to the context of FOIA requests)

Nature of Case: FOIA action

Electronic Data Involved: Two electronic files in “zipped” format

Hines v. Widnall, 183 F.R.D. 596 (N.D. Fla. 1998)

Key Insight: Granting plaintiff’s’ motion to compel production of computerized images of employment records which were created to facilitate review of the documents by geographically-dispersed defense counsel, court held that images did not constitute attorney work product since images did not contain mental impressions or legal theories and would not give plaintiffs insight into defense strategy or opinions; plaintiffs to pay only nominal copying costs and not portion of $250,000 imaging cost incurred by defendant

Nature of Case: Race discrimination

Electronic Data Involved: Computerized images of employment records

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