Knotty Issues of eDiscovery
A producing party claimed that it was “impossible” to produce Gmail in Native File Format because, “Gmail account user and Google does not permit its users to copy e-mails and documents in native format.” As such, the Defendant produced the gmail emails by forwarding them to the Plaintiff. Sexton v.[…]
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Can a producing party argue for cost-shifting to the defendant based on proportionality for the production of work-related emails on a plaintiff’s gmail account? Owens v. Clear Wireless LLC, 2014 U.S. Dist. LEXIS 26698, 4-6 (D. Minn. Mar. 3, 2014). Short answer is no, because the emails are not inaccessible[…]
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German v. Micro Elecs., iNC., is an employment case that involved discovery disputes centering on the Plaintiff’s mitigation of damages, including among other issues, the Plaintiff’s calendars and online activity, including blogging and records-keeping. The Plaintiff’s attorney claimed the Plaintiff had hardship in responding, because she could not afford to make copies,[…]
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