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Form of Production > Electronic Production (non-native) Required
Lawson v. Sun Microsystems, Inc., 2007 U.S. Dist. LEXIS 65530 (S.D. Ind. Sept. 4, 2007).
Defendant was ordered pursuant to Fed. R. Civ. P. 34(b)(ii) to produce all responsive electronically stored information in electronic form because plaintiff by letter prior to defendant's hard copy production had requested electronic form.
Defendant was ordered pursuant to Fed. R. Civ. P. 34(b)(ii) to produce all responsive electronically stored information in electronic form because plaintiff by letter prior to defendant's hard copy production had requested electronic form.
Auto Club Family Ins. Co. v. Ahner, 2007 U.S. Dist. LEXIS 63809 (E.D. La. Aug. 29, 2007).
A third party insurance adjuster that provided a hard copy of its entire file relating to the claim of homeowners was ordered to produce an electronic version of the file. A statement by the third party's lawyer that the electronic version was not reasonably accessible was not "evidence" of undue burden or cost under Fed. R. Civ. P. 45(d)(1)(D) in order to excuse production in electronic format.
A third party insurance adjuster that provided a hard copy of its entire file relating to the claim of homeowners was ordered to produce an electronic version of the file. A statement by the third party's lawyer that the electronic version was not reasonably accessible was not "evidence" of undue burden or cost under Fed. R. Civ. P. 45(d)(1)(D) in order to excuse production in electronic format.
KnifeSource, LLC v. Wachovia Bank, N.A., 2007 U.S. Dist. LEXIS 58829 (D. S.C. Aug. 10, 2007).
A bank was ordered to produce electronic copies of bank statements that it no longer kept in paper form. The bank's assertion that it should not be required to create new documents to comply with discovery requests was rejected because Fed. R. Civ. P. 26(b)(2)(B) excused discovery of electronic information only if it was not reasonably accessible.
A bank was ordered to produce electronic copies of bank statements that it no longer kept in paper form. The bank's assertion that it should not be required to create new documents to comply with discovery requests was rejected because Fed. R. Civ. P. 26(b)(2)(B) excused discovery of electronic information only if it was not reasonably accessible.
In re ATM Fee Antitrust Litig., "ATM Fee II", 2007 U.S. Dist. LEXIS 47943 (N.D. Cal. June 25, 2007).
A recent amendment to Fed. R. Civ. P. 34 requiring production of electronic documents in their ordinarily maintained form or in a reasonably usable form was held not applicable to a fourth request for production served after the amendment. The litigation was two years old, and document production already was covered by an agreement to produce electronic documents as TIFF files.
A recent amendment to Fed. R. Civ. P. 34 requiring production of electronic documents in their ordinarily maintained form or in a reasonably usable form was held not applicable to a fourth request for production served after the amendment. The litigation was two years old, and document production already was covered by an agreement to produce electronic documents as TIFF files.
CP Solutions PTE, Ltd. v. General Electric Co., 2006 U.S. Dist. LEXIS 27053 (D. Conn. Feb. 6, 2006).
Defendants who produced over 300,000 electronic documents in TIFF format were not required to reproduce the documents in PST format. Defendants claimed PST format would prevent culling out of privileged documents while allowing manipulation and editing of the documents. However, defendants were ordered at their expense to provide plaintiff with information, data, or software that would allow plaintiff to match email with attachments.
Defendants who produced over 300,000 electronic documents in TIFF format were not required to reproduce the documents in PST format. Defendants claimed PST format would prevent culling out of privileged documents while allowing manipulation and editing of the documents. However, defendants were ordered at their expense to provide plaintiff with information, data, or software that would allow plaintiff to match email with attachments.
In re Priceline.com Inc. Securities Litigation, 2005 U.S. Dist. LEXIS 33636 (D. Conn. Dec. 8, 2005).
The court presiding over a securities action has issued a series of directives to the parties requiring a "measured" restoration of backup tapes as they are shown to contain possibly relevant information. The court also ordered production of information in TIFF or PDF format. Cost shifting would be allowed to the extent it promoted efficiency and would be determined by applying the analysis of inaccessible data and undue burden and cost presented in the Advisory Committee Note to a revised Fed. R. Civ. P. 26.
The court presiding over a securities action has issued a series of directives to the parties requiring a "measured" restoration of backup tapes as they are shown to contain possibly relevant information. The court also ordered production of information in TIFF or PDF format. Cost shifting would be allowed to the extent it promoted efficiency and would be determined by applying the analysis of inaccessible data and undue burden and cost presented in the Advisory Committee Note to a revised Fed. R. Civ. P. 26.
