Knotty Issues of eDiscovery
Arizona is home of many great wonders, from the Grand Canyon to the ASU Arkfeld eDiscovery Conference. I highly recommend visiting both. Arizona now has new Rules of Civil Procedure that will continue to help litigation with electronically stored information. The new Arizona Rules of Civil Procedure go into effect[…]
Read more
A Plaintiff was unsuccessful in a motion for the Defendants to pay her fees in opposing the Defendant’s motion to compel. The interesting twist in this case is recognizing the importance of informal discovery and alternative means to find relevant information. Gade v. State Farm Mut. Auto. Ins. Co., No.[…]
Read moreMagistrate Judge Stanley Boone had to straighten out a form of production dispute in a consumer protection case over curling irons. As the parties in this case learned, sometimes the form of production needs a detangler. The Plaintiffs requested ESI to be produced in native file format or TIFF with[…]
Read moreMagistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form? The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the[…]
Read moreThere is a strong trend in case law for 2013: Judges understand the form of production. Magistrate Judge Donna Martinez brought home this point in Saliga v. Chemtura Corp. The Plaintiff requested ESI in native file format. The Defendant objected. However, the objection was not based on undue burden or proportionality,[…]
Read moreWestdale Recap Props. v. Np/I&G Wakefield Commons is a serious case of “no, that’s not right.” It concludes with a Court telling a requesting party that requested ESI as native files that it had not “demonstrated an adequate need to have all the ESI produced in native format.” So much[…]
Read moreWhen it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata. In the event ESI needed to be redacted or was[…]
Read moreIn Sundown Energy, L.P. v. Haller, the Defendant (Requesting Party) brought a motion to compel the Producing Party to produce electronically stored information in native file format. The Defendant had specified “native format” as the form of production in their request for production. Sundown Energy, L.P. v. Haller, 2011 U.S.[…]
Read moreA Plaintiff produced Excel spreadsheets in TIFF format. As one could expect, the Defendant brought a motion to compel in native file format faster than you can sort a column in ascending order. Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc., 2011 U.S. Dist. LEXIS 117922 (N.D. Cal. Oct. 12,[…]
Read more
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[…]
Read more