Request for Production – Page 6

Hands-on eDiscovery: California Seminar on Responding to Discovery Requests

February 28, 2013 Josh Gilliland California Electronic Discovery Act, Processing, Reasonably Useable Form, Request for Production, Translation Into A Reasonably Useable Form

I had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]

Drop-by-Drop Water Torture Productions

October 19, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Email, ESI, Exclusion of Evidence, Request for Production

There are judges who have a way with words when they want to make a point. One example of such judicial prose was by Magistrate Judge Gregory G. Hollows in Botell v. United States: At this juncture, the United States has purportedly been looking for documents for months, yet the[…]

Always Explain "Why" to the Judge

October 2, 2012 Josh Gilliland Duty to Preserve, e-Discovery, Reasonably Accessible, Request for Production

A Plaintiff brought a motion to compel “access to electronic records,” claiming the Defendants had “withheld electronically stored information” and had not produced a “chronological e-mail history of any kind.” Murray v. Coleman, 2012 U.S. Dist. LEXIS 130219, 1-3 (W.D.N.Y. Sept. 12, 2012). The Defense attorney claimed that the Defendant[…]

Discovery from 3rd Party Vendors

August 3, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Request for Production

A company outsourcing payroll, human resources and other business services to third parties is standard operating procedure today. However, what happens when there are discovery requests for a party’s business information hosted by a third-party? Such discovery requests caused a court to play butcher to carve out the discovery obligations[…]

Cowboys & Lawyers: Spaghetti Western eDiscovery

June 19, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Meet & Confer, Request for Production

Judge Facciola stands as one of the single most prolific Federal Magistrate Judges in the United States. Once again, the bow tie wearing jurist eloquently laid down the law in Tadayon v. Greyhound Lines, Inc. The discovery order concluded with the following passage: III. High Noon As explained at the[…]

Printing ESI & Scanning It Is Not OK

January 27, 2012 Josh Gilliland Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server. Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]

Smile for the Discovery Production

January 20, 2012 Josh Gilliland e-Discovery, Reasonably Useable Form, Request for Production, Translation Into A Reasonably Useable Form

In a dispute between a photographer and an educational textbook publisher, the Plaintiff sough the production of a definition list to the Defendants’ database abbreviations. Bean v. John Wiley & Sons, 2012 U.S. Dist. LEXIS 4900, 1-3 (D. Ariz. Jan. 17, 2012). The Defendants’ sales, printing and distribution database was[…]

Arguing $2,630 is Undue Burden to Search ESI

August 24, 2011 Josh Gilliland Document Review, e-Discovery, Electronically Stored Information, Email, ESI, Request for Production

A Defendant refused to produce ESI claiming the estimated $2,630.00 to search the data was unduly burdensome under Federal Rule of Civil Procedure Rules 26(b)(2)(C)(iii) and 26(b)(2)(B). Hudson v. AIH Receivable Mgmt. Servs., 2011 U.S. Dist. LEXIS 39993 (D. Kan. Apr. 13, 2011). The Defendant was a company of 13[…]

Form of Production: (Almost) Anyway You Want It

August 17, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, Reasonably Accessible, Reasonably Useable Form, Request for Production

A Plaintiff in an age discrimination case requested ESI be produced in native format. Linnebur v. United Tel. Ass’n, 2011 U.S. Dist. LEXIS 88456 (D. Kan. Aug. 10, 2011). The Defendants did not assert any objections, but produced the responsive ESI as PDF’s. Linnebur, at 3. The ESI at issue[…]

Exotic Apples: Solutions in Collecting & Processing Apple ESI

August 15, 2011 Josh Gilliland Discovery, e-Discovery, Electronically Stored Information, ESI, Initial Disclosures, Reasonably Accessible, Reasonably Useable Form, Request for Production, Supplemental Disclosures

My friend Charlie Kaupp at Digital Strata brought the following issue to me: There is an increasingly prevalent amount of Apple ESI found in corporate environments, especially among executives, engineering, and marketing groups. Most review platforms do not handle large portions of Apple ESI, including: Mac email (Entourage, Outlook 2011,[…]