Tag: FRCP 34(b) Procedure or Format

1
Ice Cube Building, LLC v. Scottsdale Insurance Company (D. Conn., 2019)
2
Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).
3
Locke v. Swift Transportation Co. (W.D. Ky., 2019)
4
Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)
5
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)
6
Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)
7
Metlife Investors USA Insurance Company v. Lindsey et al., No. 2:16-cv-00097-RL-JEM (N.D. Ind. Oct. 25, 2018)
8
McDonnel Group, LLC v. Starr Surplus Lines Ins. Co. et al, 2:18-cv-01380-JTM-JCW (E.D. La. Oct. 3, 2018)
9
In Re Syngenta AG MIR 162 Corn Litigation, MDL 2591, No. 16-2788-JWL (D. Kan. Sept. 25, 2018)
10
Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)

Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).

Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.

Nature of Case: Compensation and non-solicitation pacts

Electronic Data Involved: Production Format

Keywords: Format of production, native files

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Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)

Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.

Nature of Case: Civil Rights – Wrongful Conviction

Electronic Data Involved: Various ESI

Keywords: Organization; usual course of business; metadata or identifying information

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Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)

Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents

Keywords: Quality, blurry, black and white, color, mbox

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In Re Syngenta AG MIR 162 Corn Litigation, MDL 2591, No. 16-2788-JWL (D. Kan. Sept. 25, 2018)

Key Insight: Converting native documents to a specified type not objected to in an earlier order is not overly burdensome

Nature of Case: Corn litigation

Electronic Data Involved: Electronic documents

Keywords: Corn, TIFF, native format, bates stamping

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Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)

Key Insight: forensic examination should be ?the exception, not the rule.?

Nature of Case: employment, FMLA

Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination

Keywords: social media, text messages, forensic examination, FMLA

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