Format Of Production – Page 7 – Electronic Discovery Law

Wai Feng Trading Co. v. Quick Fitting, Inc., Nos. 13-33S, 13-56S, 2016 WL 4184014 (D.R.I. June 14, 2016)

Dec 01 2016

Key Insight: Following several extensions of discovery, court addressed motion to compel production of documents and email in native format and, noting that a particular format was not requested and that the parties? had consistently produced documents in hard copy or in searchable PDF format, found that only two documents ?arguably might contain metadata that could be relevant? and ordered that those documents be produced, but shifted the costs to the requesting party

Nature of Case: Theft of intellectual property, breach of contract

Electronic Data Involved: Emails, database, ESI

Kissing Camels Surgery Center, LLC v. Centura Health Corp., No. 12-cv-03012-WJM-NYW, 2016 WL 277721 (D. Colo. Jan. 22, 2016)

Dec 01 2016

Key Insight: Where Plaintiffs objected to Defendants? ?duplicative? requests and claimed they had already produced responsive documents but provided Defendants with no guidance as to where such documents could be found within the voluminous production, the court acknowledged that it would ?ordinarily? conclude that Plaintiffs had no obligation to identify responsive documents but, citing the volume of data at issue, the ?asymmetry of information regarding the production between Plaintiffs,? the time the case had been pending, and the fact that additional discovery would be required, the court concluded that Plaintiff should provide additional information and ordered that Defendants would be permitted to identify ten categories of requested documents that Plaintiffs claimed to be duplicative and that Plaintiffs must then identify documents responsive to those requests

Electronic Data Involved: ESI

Thorne Research Inc. v. Atl. Pro-Nutrients, Inc., No. 2:13-cv-784, 2016 WL 1122863 (D. Utah Mar. 22, 2016)

Dec 01 2016

Key Insight: Defendant sought production of a complete copy of a Microsoft Access database utilized by patent?s co-inventor to input his formulas to assess the legitimacy of the claimed conception date. Plaintiff argued the database did not ?maintain metadata like word processing or spreadsheet programs do? and also that the database, maintained by a third-party, contained proprietary information of non-parties. Defendant maintained the stipulated protective order would protect the third-party proprietary information and that Plaintiffs had not argued that they would incur ?undue hardship or expense? in producing the database with its metadata. The court granted Defendant?s motion to compel production of the database and metadata for forensic analysis.

Nature of Case: Patent infringement

Electronic Data Involved: Microsoft Access Database

Midwest Feeders, Inc. v. The Bank of Franklin (S.D. Mississippi, 2016)

Jul 19 2016

Key Insight: if images of hard drives is sufficient prodcution of the hard drives themselves

Nature of Case: Fraud, conversion of instruments, failure to exercise ordinary care

Electronic Data Involved: all computers midwest obtained and the information on those computers at the time they were obtained

Keywords: hard drives, forensic imaging

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Gade v. State Farm Mut. Auto. Ins. Co. (District of Vermont, 2016)

Jun 06 2016

Key Insight: When the productions of underlying information (exact Excel formulas in this case) may disclose proprietary information, a supplemental disclosure explaining the underlying reasons may be a suitable replacement

Nature of Case: Automobile insurance coverage

Electronic Data Involved: Excel spreadsheet formulas

Keywords: Excel, formulas, moot, metadata, award of sanctions, expenses, fees

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LBBW Luxemburg S.A. v. Wells Fargo Sec. LLC (Southern District of New York, 2016)

Mar 29 2016

Key Insight: Non-responsive documents should not be produced, even if redacted, and privilege or some sort of reason must be asserted for redactions to be proper

Nature of Case: Fraud

Electronic Data Involved: Electronic documents generally

Keywords: redactions, bloomberg, non-responsive

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Stormo v. City of Sioux Falls, No. 12-04057 (D. S.D. Feb. 19, 2016)

Feb 19 2016

Key Insight: Providing a document index is not overly burdensome. Production of metadata cannot be compelled without showing that metadata is relevant..

Nature of Case: violation of civil rights as a landowner

Electronic Data Involved: metadata, electronically stored data, document index

Keywords: adequacy of production, metadata relevancy

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SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)

Feb 02 2016

Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable

Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings

Electronic Data Involved: “back office data” information as to whether defendants explored public offering

Keywords: bad faith, sanctions, spoliation, public offering

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Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Dec 30 2015

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

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In re State Farm Lloyds, 13?14?00616?CV, 2015 WL 6520998 (Tex. App. Oct. 28, 2015)

Dec 01 2015

Key Insight: Court denied petition for writ of mandamus, where real party properly requested native and near-native format of production for ESI, including metadata, under Texas Rules of Civil Procedure 196.4. Court said that relator was not entitled to unilaterally produce ESI in a ?reasonably usable? format and had offered only conclusory testimony that production of ESI in the requested format was unduly burdensome.

Nature of Case: Insurance claim

Electronic Data Involved: ESI

Tag:Format Of Production