Form of Production – Page 5

Bates Numbering ESI & Other Dates with a Recycle Bin

March 28, 2011 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Meet & Confer, Metadata, Native File, Reasonably Useable Form, Request for Production, TIFF

There are battles that do not make sense. This is one of those cases. In a civil dispute over fraudulent investments, the Plaintiff brought a motion to compel the Defendant to “Bates Label” electronically stored information in native file format, because the local Discovery Practices Handbook required Bates numbering of[…]

Circular Form of Production Objections

August 16, 2010 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Useable Form, Request for Production

In a form of production battle, the producing party claimed they were denied the opportunity to object to the form of production, because the requesting party did not state a form of production. The Court did not need to use Pi to solve this circular argument. Procedural Circles After a motion[…]

A Practice Point in Agreeing to the Form of Production

June 1, 2010 Josh Gilliland e-Discovery, Form of Production

In a products liability case, the Plaintiffs claimed they could not tell if the Defendants produced electronically stored information in the form it was ordinarily maintained. In re Bisphenol a Polycarbonate Plastic Prods. Liab. Litig., 2010 U.S. Dist. LEXIS 52444 (W.D. Mo. May 26, 2010). Federal Rule of Civil Procedure Rule 34(b)(2)(E) states[…]

Piercing the Work Product Doctrine: Gamesmanship with Locked PDF’s

February 10, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Useable Form, Request for Production

The Plaintiffs in Mack v. HH Gregg, Inc. sued the Defendants for breach of contract over the alleged failed installation of dryers. The parties agreed the Defendants would produce a “summary of its dryer installation invoices that would include the state of the sale, date of purchase, amount paid for delivery[…]

The Form of Production Battle of the Bulge: Scanned PDF’s Not a Reasonably Useable Form

January 25, 2010 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Email, ESI, Foreign Discovery, Form of Production, Native File, Reasonably Useable Form, Request for Production

“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]

New Bad Idea: Claiming You Can Produce ESI as PDF’s because “Native File” is “Ambiguous”

November 30, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, ESI, Form of Production, Request for Production

In Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]

Production Madness: The Covad Story Continues with New ESI Pitfalls

August 31, 2009 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Form of Production, Imaging Hard Drives

Understandably, taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live. Magistrate Judge John M. Facciola, Covad Communs.[…]

Get Out the Check Book for Translating ESI into a Reasonably Usable Form in California

August 21, 2009 Josh Gilliland California Electronic Discovery Act, Discovery, e-Discovery, Electronically Stored Information, ESI, Form of Production, Reasonably Accessible, Reasonably Useable Form

California Code of Civil Procedure 2031.280(e) states, in relevant part: If necessary, the responding party at the reasonable expense of the demanding party shall, through detection devices, translate any data compilations included in the demand into reasonably usable form. California Code of Civil Procedure 2031.280(e) might give anyone used to[…]

Don’t Argue Imaginary ESI Production Problems

August 19, 2009 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, ESI, ethics, Form of Production, Metadata, Motion to Compel, Native File, OCR, TIFF

In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009) has form of production arguments that illustrate the need to understand the processing abilities of electronically stored information applications and review in litigation support software. The Request for Production In this class certification case, the Plaintiff[…]

Rock Opera Discovery of Archived ESI

August 17, 2009 Josh Gilliland Discovery, Electronically Stored Information, ESI, Form of Production, Meet & Confer, Reasonably Accessible, Request for Production

In re In re Operadora DB Mex., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), is the story of an international legal dispute, arbitration and the Hard Rock Café. While all of that makes for an exciting feature act, we will rock out to the electronic discovery issues. The[…]