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Form of Production
Eli Lilly & Co. v. Wockhardt Ltd., 2010 U.S. Dist. LEXIS 61811 (S.D. Ind. June 22, 2010).
After producing documents as they were kept in the usual course of business, plaintiff was not required under Fed. R. Civ. P. 34 to also organize and label documents to correspond to the categories in defendant's request for production. However, given plaintiff's "demonstrated ample resources," the court ordered plaintiff to "in good faith generally match up its documents with [defendant's] requests by letter, chart, or some form of index."
After producing documents as they were kept in the usual course of business, plaintiff was not required under Fed. R. Civ. P. 34 to also organize and label documents to correspond to the categories in defendant's request for production. However, given plaintiff's "demonstrated ample resources," the court ordered plaintiff to "in good faith generally match up its documents with [defendant's] requests by letter, chart, or some form of index."
Sabertooth, LLC v. Simons (In re Venom, Inc.), 2010 Bankr. LEXIS 723 (Bankr. E.D. Pa. Mar. 9, 2010).
Plaintiffs' failure to produce electronic records was not excused through late production of requested data in hard copy form. The court ordered plaintiffs to produce, at defendant's option, CD's with searchable electronic data or the computer on which the data was stored.
Plaintiffs' failure to produce electronic records was not excused through late production of requested data in hard copy form. The court ordered plaintiffs to produce, at defendant's option, CD's with searchable electronic data or the computer on which the data was stored.
Secure Energy, Inc. v. Coal Synthetics, 2010 U.S. Dist. LEXIS 13532 (E.D. Mo. Feb. 17, 2010).
Production of defendant's electronic engineering drawings in native format with metadata was not ordered. Plaintiffs' motion for an order compelling production was filed late, native format production had not been sought in plaintiffs' original document request, and defendants would be prejudiced if required after seeking summary judgment to retain an expert to review metadata in the drawings before production in native format to plaintiffs.
Production of defendant's electronic engineering drawings in native format with metadata was not ordered. Plaintiffs' motion for an order compelling production was filed late, native format production had not been sought in plaintiffs' original document request, and defendants would be prejudiced if required after seeking summary judgment to retain an expert to review metadata in the drawings before production in native format to plaintiffs.
Cenveo Corp. v. Southern Graphic Systems, 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009).
A request for production of documents in their "native format" was unambiguous, and "native format" did not have to be defined in order to specify the form of production within the meaning of Fed. R. Civ. P. 34(b)(2)(E)(ii).
A request for production of documents in their "native format" was unambiguous, and "native format" did not have to be defined in order to specify the form of production within the meaning of Fed. R. Civ. P. 34(b)(2)(E)(ii).
Covad Communications Co. v. Revonet, Inc., "Covad III", 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009).
A defendant that was required to re-produce printed email in native format was ordered to cross-reference the paper and native format productions to resolve a discrepancy in the number of documents in each production.
A defendant that was required to re-produce printed email in native format was ordered to cross-reference the paper and native format productions to resolve a discrepancy in the number of documents in each production.
Ojeda-Sanchez v. Bland Farms, LLC, 2009 U.S. Dist. LEXIS 66238 (S.D. Ga. July 31, 2009).
While a general trend against production of metadata may be developing, plaintiffs were entitled to an order requiring defendant to produce electronic documents "in raw form" with metadata intact because plaintiffs had shown a need for the metadata.
While a general trend against production of metadata may be developing, plaintiffs were entitled to an order requiring defendant to produce electronic documents "in raw form" with metadata intact because plaintiffs had shown a need for the metadata.
Craig & Landreth, Inc. v. Mazda Motor of America, Inc., 2009 U.S. Dist. LEXIS 66069 (S.D. Ind. July 27, 2009).
Defendant was ordered to produce electronically stored information in native format rather than .pdf format. Plaintiffs sought production in "computer-readable form" and Advisory Committee notes to Fed. R. Civ. P. 34 were clear that the format of electronically stored information was not to be converted into a format that would make it more difficult or burdensome for the requesting party to use.
Defendant was ordered to produce electronically stored information in native format rather than .pdf format. Plaintiffs sought production in "computer-readable form" and Advisory Committee notes to Fed. R. Civ. P. 34 were clear that the format of electronically stored information was not to be converted into a format that would make it more difficult or burdensome for the requesting party to use.
FSP Stallion 1, LLC v. Luce, 2009 U.S. Dist. LEXIS 68460 (D. Nev. July 20, 2009).
Except for documents redacted to protect privileged information, defendants were ordered to produce documents in TIFF format with 13 categories of metadata and the OCR field. Redacted documents could be produced in scanned form in order to preserve privilege.
Except for documents redacted to protect privileged information, defendants were ordered to produce documents in TIFF format with 13 categories of metadata and the OCR field. Redacted documents could be produced in scanned form in order to preserve privilege.
United States v. Zerjav, 2009 U.S. Dist. LEXIS 60113 (E.D. Mo. July 14, 2009).
In an action by the United States to enjoin allegedly fraudulent tax planning advice and return preparation methods, the court held that the parties could agree to exchange metadata, but the court had "no intention of requiring any party, in any case, to produce metadata without showing that other means of obtaining the discoverable material failed."
In an action by the United States to enjoin allegedly fraudulent tax planning advice and return preparation methods, the court held that the parties could agree to exchange metadata, but the court had "no intention of requiring any party, in any case, to produce metadata without showing that other means of obtaining the discoverable material failed."
Valeo Electrical Systems, Inc. v. Cleveland Die & Mfg. Co., 2009 U.S. Dist. LEXIS 51421 (E.D. Mich. June 17, 2009).
Plaintiff had no obligation to organize data it produced according to the 28 categories of a document request because the data had been produced in the form in which it was ordinarily kept as permitted by Fed. R. Civ. P. 34(b)(2)(E)(i).
Plaintiff had no obligation to organize data it produced according to the 28 categories of a document request because the data had been produced in the form in which it was ordinarily kept as permitted by Fed. R. Civ. P. 34(b)(2)(E)(i).
Ford Motor Co. v. Edgewood Properties, 2009 U.S. Dist. LEXIS 42001 (D.N.J. May 18, 2009).
Defendant waived its request for production in native format with metadata by failing to object within a reasonable time to plaintiff’s rolling production in TIFF format.
Defendant waived its request for production in native format with metadata by failing to object within a reasonable time to plaintiff’s rolling production in TIFF format.
Gregg v. Local 305 IBEW, 2009 U.S. Dist. LEXIS 40761 (N.D. Ind. May 13, 2009).
Although plaintiff offered no evidence of spoliation or bad faith by defendant, the court ordered defendant to produce a second set of its documents with Bates-stamped numbers so that plaintiff could compare documents produced by defendant with documents filed by defendant under seal with the court.
Although plaintiff offered no evidence of spoliation or bad faith by defendant, the court ordered defendant to produce a second set of its documents with Bates-stamped numbers so that plaintiff could compare documents produced by defendant with documents filed by defendant under seal with the court.
In the Matter of the Judicial Settlement of the Account of Salem Tamer and Winston Conway Link, 2009 N.Y. Misc. LEXIS 872 (N.Y. Sur. Ct. Apr. 20, 2009).
The court allowed production in electronic rather than paper form if the production was accompanied by an index because a statute that did not authorize production of documents in electronic form also did not prohibit production in electronic form.
The court allowed production in electronic rather than paper form if the production was accompanied by an index because a statute that did not authorize production of documents in electronic form also did not prohibit production in electronic form.
In re Motor Fuel Temperature Sales Practices Litigation, 2009 U.S. Dist. LEXIS 33730 (D. Kan. Apr. 3, 2009).
Burdensomeness of document requests and interrogatories seeking 49 years of information from defendants did not outweigh usefulness of the information for plaintiffs. However, the court ordered defendants to produce pre-2001 documents only in paper form for inspection by plaintiffs. Plaintiffs could then seek specific pre-2001 documents in their electronic form.
Burdensomeness of document requests and interrogatories seeking 49 years of information from defendants did not outweigh usefulness of the information for plaintiffs. However, the court ordered defendants to produce pre-2001 documents only in paper form for inspection by plaintiffs. Plaintiffs could then seek specific pre-2001 documents in their electronic form.
Martin v. Redline Recovery Services, LLC, 2009 U.S. Dist. LEXIS 35468 (N.D. Ill. Apr. 1, 2009).
Production in native format of telephone scripts and recorded calls of a debt collector was ordered to allow plaintiff to examine metadata that included information on when the scripts were modified and when the calls were recorded.
Production in native format of telephone scripts and recorded calls of a debt collector was ordered to allow plaintiff to examine metadata that included information on when the scripts were modified and when the calls were recorded.
D.G. v. Henry, 2009 U.S. Dist. LEXIS 13739 (N.D. Okla. Feb. 20, 2009).
A request for production of documents pursuant to Fed. R. Civ. P. 34 could not be used to require plaintiffs to tell defendant which of defendant’s documents would be relied on by plaintiffs. However, to avoid unfairness and wastefulness, the court ordered plaintiffs to provide defendant with a preliminary expert report identifying documents to be relied on by plaintiffs.
A request for production of documents pursuant to Fed. R. Civ. P. 34 could not be used to require plaintiffs to tell defendant which of defendant’s documents would be relied on by plaintiffs. However, to avoid unfairness and wastefulness, the court ordered plaintiffs to provide defendant with a preliminary expert report identifying documents to be relied on by plaintiffs.
In re Classicstar Mare Lease Litigation, 2009 U.S. Dist. LEXIS 9750 (E.D. Ky. Feb. 2, 2009).
If plaintiffs were willing to pay over $15,000 for a program to access documents in native format and to pay defendant’s cost of copying and delivering an additional production, documents already produced by defendant in .pdf, Excel, and .tif formats had to be produced again in native format.
If plaintiffs were willing to pay over $15,000 for a program to access documents in native format and to pay defendant’s cost of copying and delivering an additional production, documents already produced by defendant in .pdf, Excel, and .tif formats had to be produced again in native format.
SEC v. Collins & Aikman Corp., 2009 U.S. Dist. LEXIS 3367 (S.D.N.Y. Jan. 13, 2009).
The SEC was ordered to supplement its production of 1.7 million documents from 36 databases with production or identification of documents organized according to defendant’s request for production of documents supporting allegations of the SEC’s complaint. A government agency that initiated litigation had to follow the same discovery rules that governed private parties, and it was “patently inequitable to require a party to search ten million pages to find documents already identified by its adversary as supporting the allegations of a complaint.”
The SEC was ordered to supplement its production of 1.7 million documents from 36 databases with production or identification of documents organized according to defendant’s request for production of documents supporting allegations of the SEC’s complaint. A government agency that initiated litigation had to follow the same discovery rules that governed private parties, and it was “patently inequitable to require a party to search ten million pages to find documents already identified by its adversary as supporting the allegations of a complaint.”
Covad Communications Co. v. Revonet, Inc., 2008 U.S. Dist. LEXIS 104204 (D.D.C. Dec. 24, 2008).
Parties that failed to agree on the format for production of email were ordered to share the cost of re-producing in native format email previously produced in paper form.
Parties that failed to agree on the format for production of email were ordered to share the cost of re-producing in native format email previously produced in paper form.
MSC.Software Corp. v. Altair Engineering, Inc., 2008 U.S. Dist. LEXIS 105570 (E.D. Mich. Dec. 22, 2008).
A response to a request for production of documents that responsive documents were contained in tens of thousands of web-based collaboration system pages produced in searchable format on an external hard drive or USB flash memory was sufficient under Fed. R. Civ. P. 34(b)(2)(E)(ii). Plaintiff had not specified a form of production, and the production was an efficient way to deliver a mass amount of electronic information.
A response to a request for production of documents that responsive documents were contained in tens of thousands of web-based collaboration system pages produced in searchable format on an external hard drive or USB flash memory was sufficient under Fed. R. Civ. P. 34(b)(2)(E)(ii). Plaintiff had not specified a form of production, and the production was an efficient way to deliver a mass amount of electronic information.
El-Amin v. George Washington University, 2008 U.S. Dist. LEXIS 85009 (D.D.C. Oct. 22, 2008).
An electronic discovery work plan was drafted by the court after review of the Sedona Conference publication “Best Practices for the Selection of Electronic Discovery Vendors: Navigating the Vendor Proposal Process.” The primary goal of the plan, according to the court, was “to create a system whereby all existing documents are hyper-linked to fields in a database that will permit the instantaneous retrieval from within the database of the information offered by plaintiffs in support of any factual proposition.”
An electronic discovery work plan was drafted by the court after review of the Sedona Conference publication “Best Practices for the Selection of Electronic Discovery Vendors: Navigating the Vendor Proposal Process.” The primary goal of the plan, according to the court, was “to create a system whereby all existing documents are hyper-linked to fields in a database that will permit the instantaneous retrieval from within the database of the information offered by plaintiffs in support of any factual proposition.”
White v. Graceland College Center for Professional Development & Lifelong Learning, Inc., "White I", 2008 U.S. Dist. LEXIS 63088 (D. Kan. Aug. 7, 2008).
Defendants who converted email into .pdf documents and produced the .pdf documents in response to plaintiff’s discovery requests were ordered to produce the email again in its native format. Fed. R. Civ. P. 34(b)(2)(E)(ii) required production of electronically stored information in the form in which it usually is maintained or in a “reasonably useful” form, and the email production had to have its metadata intact in order to be useful to plaintiff.
Defendants who converted email into .pdf documents and produced the .pdf documents in response to plaintiff’s discovery requests were ordered to produce the email again in its native format. Fed. R. Civ. P. 34(b)(2)(E)(ii) required production of electronically stored information in the form in which it usually is maintained or in a “reasonably useful” form, and the email production had to have its metadata intact in order to be useful to plaintiff.
Suarez Corporation Industries v. Earthwise Technologies, Inc., 2008 U.S. Dist. LEXIS 66560 (W.D. Wash. July 17, 2008).
While the party requesting production of documents could not, pursuant to Fed. R. Civ. P. 34(b)(2)(E), instruct the producing party on how to organize the production, the producing party at least had to communicate how its documents were determined to be responsive and how the documents were kept in the ordinary course of business.
While the party requesting production of documents could not, pursuant to Fed. R. Civ. P. 34(b)(2)(E), instruct the producing party on how to organize the production, the producing party at least had to communicate how its documents were determined to be responsive and how the documents were kept in the ordinary course of business.
Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 U.S. Dist. LEXIS 71863 (N.D. Ind. May 27, 2008).
A defendant that produced email in native format on a computer accessible disk was not required to produce the email again in the form of “Static Images” with a number identifier. Fed. R. Civ. P. 34 required production of the email only in the format in which it was kept, absent a request for its production in some other form.
A defendant that produced email in native format on a computer accessible disk was not required to produce the email again in the form of “Static Images” with a number identifier. Fed. R. Civ. P. 34 required production of the email only in the format in which it was kept, absent a request for its production in some other form.
L.H. v. Schwarzenegger, 2008 U.S. Dist. LEXIS 86829 (E.D. Cal. May 14, 2008).
State officials in California were sanctioned for late production of documents and inadequate privilege logs. Also, production of documents in a .pdf format failed to meet the requirement of Fed. R. Civ. P. 34(b) to produce documents in a "reasonably usable form" that would allow searching and sorting of the documents.
State officials in California were sanctioned for late production of documents and inadequate privilege logs. Also, production of documents in a .pdf format failed to meet the requirement of Fed. R. Civ. P. 34(b) to produce documents in a "reasonably usable form" that would allow searching and sorting of the documents.
McCord v. State Farm Fire & Cas. Ins. Co., 2008 U.S. Dist. LEXIS 36006 (E.D. La. May 2, 2008).
Plaintiff’s request for production of email in native format rather than hard copy could not be accommodated, according to the court, because the request was made within days of the discovery deadline set by the court.
Plaintiff’s request for production of email in native format rather than hard copy could not be accommodated, according to the court, because the request was made within days of the discovery deadline set by the court.
Autotech Technologies Limited Partnership v. AutomationDirect.com, Inc.,, 2008 U.S. Dist. LEXIS 27962 (N.D. Ill. Apr. 2, 2008).
A party that did not specify production of documents in electronic form with metadata intact was not entitled under Fed. R. Civ. P. 34(b)(2)(E) to an electronic copy of a document already produced in .pdf format and in paper format and containing a nine-page written history of changes that had been made to the document.
A party that did not specify production of documents in electronic form with metadata intact was not entitled under Fed. R. Civ. P. 34(b)(2)(E) to an electronic copy of a document already produced in .pdf format and in paper format and containing a nine-page written history of changes that had been made to the document.
In re NVMS, LLC, 2008 Bankr. LEXIS 2674 (Bankr. M.D. Tenn. Mar. 21, 2008)
A medical billing company was ordered to produce its billing data for a medical services provider in native format to the provider’s new medical billing contractor so that the new contractor could determine the status of outstanding billing. However, the new contractor was ordered not to share the native format version of the data with the provider or with any competitor of the medical billing company.
A medical billing company was ordered to produce its billing data for a medical services provider in native format to the provider’s new medical billing contractor so that the new contractor could determine the status of outstanding billing. However, the new contractor was ordered not to share the native format version of the data with the provider or with any competitor of the medical billing company.
Executive Air Taxi Corp. v. City of Bismarck, 2008 U.S. App. LEXIS 4545 (8th Cir. Mar. 4, 2008).
A district court did not abuse its discretion by denying a request to search a defendant's laptop computer for deleted email after finding that the defendant had provided all relevant email in hard copy.
A district court did not abuse its discretion by denying a request to search a defendant's laptop computer for deleted email after finding that the defendant had provided all relevant email in hard copy.
D'Onofrio v. Sfx Sports Group, Inc., 2008 U.S. Dist. LEXIS 4252 (D.D.C. Jan. 23, 2008).
A request for production of documents with language traditionally used to refer to paper files could not be read to require production of electronic files in their original electronic form with metadata because the request did not specify the form of production of electronic data as required by Fed. R. Civ. P. 34(b).
A request for production of documents with language traditionally used to refer to paper files could not be read to require production of electronic files in their original electronic form with metadata because the request did not specify the form of production of electronic data as required by Fed. R. Civ. P. 34(b).
Ryan v. Gifford, 2007 Del. Ch. LEXIS 168 (Del. Ch. Nov. 30, 2007).
Plaintiffs' motion to compel production of metadata was granted in a stock options backdating case because "the integrity of dates entered facially on documents authorizing the award of stock options is at the heart of the dispute."
Plaintiffs' motion to compel production of metadata was granted in a stock options backdating case because "the integrity of dates entered facially on documents authorizing the award of stock options is at the heart of the dispute."
ICE Corp. v. Hamilton Sundstrand Corp., 2007 U.S. Dist. LEXIS 88358 (D. Kan. Nov. 30, 2007).
Plaintiff's motion for an order compelling production of electronic versions of previously produced documents was denied because plaintiff's requests for production did not specify electronic form.
Plaintiff's motion for an order compelling production of electronic versions of previously produced documents was denied because plaintiff's requests for production did not specify electronic form.
Michigan First Credit Union v. Cumis Insurance Society, Inc., "Michigan II", 2007 U.S. Dist. LEXIS 84842 (E.D. Mich. Nov. 16, 2007).
Defendant was not required to produce electronically stored information with metadata or in native format because Fed. R. Civ. P. 34 did not explicitly require production of metadata and the burden of such production outweighed its value.
Defendant was not required to produce electronically stored information with metadata or in native format because Fed. R. Civ. P. 34 did not explicitly require production of metadata and the burden of such production outweighed its value.
John B. v. Goetz, 2007 U.S. Dist. LEXIS 75457 (M.D. Tenn. Oct. 10, 2007), modified, 2010 U.S. Dist. LEXIS 8821 (M.D. Tenn. Jan. 28, 2010).
State agencies that searched for only two of the fifty terms agreed upon by computer forensics experts and provided only hard copies of electronically stored information were ordered to complete a full search of computers and to produce responsive documents in electronic form with metadata intact. The court concluded it would appoint a discovery monitor at the expense of the state agencies whose conduct caused the discovery dispute.
State agencies that searched for only two of the fifty terms agreed upon by computer forensics experts and provided only hard copies of electronically stored information were ordered to complete a full search of computers and to produce responsive documents in electronic form with metadata intact. The court concluded it would appoint a discovery monitor at the expense of the state agencies whose conduct caused the discovery dispute.
Member Services v. Security Mutual Life Ins., 2007 U.S. Dist. LEXIS 74047 (N.D.N.Y. Oct. 3, 2007).
Defendants were ordered to produce source code in electronic form in addition to the hard copy form already produced. Plaintiffs had shown relevance of the source code and were not required to make a prima facie showing of ultimately prevailing on their claims before being entitled to discovery.
Defendants were ordered to produce source code in electronic form in addition to the hard copy form already produced. Plaintiffs had shown relevance of the source code and were not required to make a prima facie showing of ultimately prevailing on their claims before being entitled to discovery.
Schmidt v. Levi Strauss & Co., 2007 U.S. Dist. LEXIS 69791 (N.D. Cal. Sept. 10, 2007).
Plaintiffs' request for an order directing defendant to re-produce its entire paper document production in native electronic format was denied. Plaintiffs had not originally specified production in electronic format pursuant to Fed. R. Civ. P. 34(b), the request for the order came six months after the close of discovery, and plaintiffs could seek production in electronic format of particular documents that were not usable or readable in hard copy format.
Plaintiffs' request for an order directing defendant to re-produce its entire paper document production in native electronic format was denied. Plaintiffs had not originally specified production in electronic format pursuant to Fed. R. Civ. P. 34(b), the request for the order came six months after the close of discovery, and plaintiffs could seek production in electronic format of particular documents that were not usable or readable in hard copy format.
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.
Authsec, Inc. v. Roberts, 2007 Md. Cir. Ct. LEXIS 8 (Md. Cir. Ct. Jul. 17, 2007).
In a case assigned to Maryland’s Business and Technology Case Management Program, the court appointed a computer forensics and data management expert to supervise mirror imaging and searches of computer drives and other storage devices of the parties.
In a case assigned to Maryland’s Business and Technology Case Management Program, the court appointed a computer forensics and data management expert to supervise mirror imaging and searches of computer drives and other storage devices of the parties.
Feldman v. New York State Bridge Authority, 2007 N.Y. App. Div. LEXIS 6062 (N.Y. App. Div. May 17, 2007).
Defendant was ordered to provide specific information that would allow plaintiff's expert to decipher what plaintiff described as a "data dump" by defendant after first leading plaintiff to believe that no responsive data existed.
Defendant was ordered to provide specific information that would allow plaintiff's expert to decipher what plaintiff described as a "data dump" by defendant after first leading plaintiff to believe that no responsive data existed.
Lohmann & Rauscher, Inc. v. YKK (U.S.A.), Inc., 2007 U.S. Dist. LEXIS 15820 (D. Kan. Mar. 2, 2007).
An email message was not an appropriate supplemental response to a request for production. An order under Fed. R. Civ. P. 26(e) to supplement a response inferred a written response as required by Rule 34(b), with a signature by counsel.
An email message was not an appropriate supplemental response to a request for production. An order under Fed. R. Civ. P. 26(e) to supplement a response inferred a written response as required by Rule 34(b), with a signature by counsel.
Whitney v. Wurtz, 2007 U.S. Dist. LEXIS 14499 (N.D. Cal. Feb. 15, 2007).
Production on a consolidated disk of responses to separate requests for production directed to each of four plaintiffs was considered unacceptable.
Production on a consolidated disk of responses to separate requests for production directed to each of four plaintiffs was considered unacceptable.
Cenveo Corp. v. Slater, 2007 U.S. Dist. LEXIS 8281 (E.D. Pa. Jan. 31, 2007).
Despite defendants' desire to control imaging and examination of its own computer hard drives, plaintiff was granted permission to appoint an expert to image and examine the hard drives because the litigation concerned alleged improper use by defendants of plaintiff's confidential information and computers. Pursuant to Fed. R. Civ. P. 26(b)(2), the court weighed defendants' burden against plaintiff's interest in access to the information on the hard drives.
Despite defendants' desire to control imaging and examination of its own computer hard drives, plaintiff was granted permission to appoint an expert to image and examine the hard drives because the litigation concerned alleged improper use by defendants of plaintiff's confidential information and computers. Pursuant to Fed. R. Civ. P. 26(b)(2), the court weighed defendants' burden against plaintiff's interest in access to the information on the hard drives.
Williams v. Sprint/United Management Co.,, 2007 U.S. Dist. LEXIS 5477 (D. Kan. Jan. 23, 2007).
A magistrate judge denied sanctions against defendant for delays in producing spreadsheets and for producing the spreadsheets in a static image format because the delays were caused by unique circumstances of the case rather than willful behavior and plaintiff did not specify that the documents were to be produced in a native format.
A magistrate judge denied sanctions against defendant for delays in producing spreadsheets and for producing the spreadsheets in a static image format because the delays were caused by unique circumstances of the case rather than willful behavior and plaintiff did not specify that the documents were to be produced in a native format.
DE Technologies, Inc. v. Dell, Inc., 2007 U.S. Dist. LEXIS 2769 (W.D. Va. Jan. 12, 2007).
A magistrate's discovery sanction providing that defendant could not use 57 pages of documents at trial was modified to allow use at trial. Production of the documents complied with amended Fed. R. Civ. P. 34(b) when produced in electronic format even though they were not produced with a live electronic directory and in the identical format in which they were kept in the ordinary course of business.
A magistrate's discovery sanction providing that defendant could not use 57 pages of documents at trial was modified to allow use at trial. Production of the documents complied with amended Fed. R. Civ. P. 34(b) when produced in electronic format even though they were not produced with a live electronic directory and in the identical format in which they were kept in the ordinary course of business.
In re Payment Card Interchange Fee & Merchant Discount Antitrust Litigation, 2007 U.S. Dist. LEXIS 2650 (E.D.N.Y. Jan. 12, 2007).
Individual plaintiffs who declined to take part in a class in multidistrict litigation were required to include metadata with electronic documents only in future productions. Electronic data already produced without metadata did not have to be reproduced because recently amended Fed. R. Civ. P. 34 provided that a party could produce electronic data in "reasonably usable" form and defendants had not specified that their requests included metadata.
Individual plaintiffs who declined to take part in a class in multidistrict litigation were required to include metadata with electronic documents only in future productions. Electronic data already produced without metadata did not have to be reproduced because recently amended Fed. R. Civ. P. 34 provided that a party could produce electronic data in "reasonably usable" form and defendants had not specified that their requests included metadata.
WIREdata, Inc. v. Village of Sussex, 2007 Wisc. App. LEXIS 7 (Wisc. Ct. App. Jan. 3, 2007).
Municipalities violated Wisconsin's open records law by providing only .pdf copies of property assessment records in response to requests for access to a database of such records.
Municipalities violated Wisconsin's open records law by providing only .pdf copies of property assessment records in response to requests for access to a database of such records.
Graham v. Cingular Wireless LLC, 2007 U.S. Dist. LEXIS 595 (W.D. Wash. Jan. 3, 2007).
Plaintiff was entitled to a continuance in summary judgment proceedings for further discovery made necessary by defendant's production of email without indicated attachments or with redactions but no corresponding privilege log.
Plaintiff was entitled to a continuance in summary judgment proceedings for further discovery made necessary by defendant's production of email without indicated attachments or with redactions but no corresponding privilege log.
Ameriwood Industries, Inc. v. Liberman, 2006 U.S. Dist. LEXIS 93380 (E.D. Mo. Dec. 27, 2006).
Production by a nonparty of an email document that defendants should have produced in their document production led the court to grant plaintiff's request for mirror images of hard drives of defendants' business and personal computers. In ordering production of the mirror images, the court considered the factors suggested by the Advisory Committee for a good cause inquiry under recently amended Fed. R. Civ. P. 26(b)(2) into whether production of information not reasonably accessible should be required.
Production by a nonparty of an email document that defendants should have produced in their document production led the court to grant plaintiff's request for mirror images of hard drives of defendants' business and personal computers. In ordering production of the mirror images, the court considered the factors suggested by the Advisory Committee for a good cause inquiry under recently amended Fed. R. Civ. P. 26(b)(2) into whether production of information not reasonably accessible should be required.
Kentucky Speedway, LLC v. NASCAR, Inc., 2006 U.S. Dist. LEXIS 92028 (E.D. Ky. Dec. 18, 2006).
Citing an emerging presumption against production of metadata and recent federal rule amendments, the court declined to order defendant to provide metadata for electronic documents that already had been produced.
Citing an emerging presumption against production of metadata and recent federal rule amendments, the court declined to order defendant to provide metadata for electronic documents that already had been produced.
United States v. Cook,, 2006 U.S. Dist. LEXIS 87625 (W.D. Wash. Nov. 29, 2006).
Delayed access by criminal tax defendants to computerized documents did not justify a second delay in their trial because they could review hard copies of the documents.
Delayed access by criminal tax defendants to computerized documents did not justify a second delay in their trial because they could review hard copies of the documents.
Macnamara v. City of New York, 2006 U.S. Dist. LEXIS 82926 (S.D.N.Y. Nov. 13, 2006).
Indications that probable cause narratives from police worksheets differed from entries in a database produced to plaintiffs led the court to order production of the worksheets.
Indications that probable cause narratives from police worksheets differed from entries in a database produced to plaintiffs led the court to order production of the worksheets.
Sample v. Bureau of Prisons, 2006 U.S. App. LEXIS 27242 (D.C. Cir. Nov. 3, 2006).
The Bureau of Prisons was required under the Freedom of Information Act to produce records in their electronic format to an inmate.
The Bureau of Prisons was required under the Freedom of Information Act to produce records in their electronic format to an inmate.
Wyeth v. Impax Laboratories, Inc., 2006 U.S. Dist. LEXIS 79761 (D. Del. Oct. 26, 2006).
Defendant did not have to produce documents in their native format complete with metadata because defendant's production in Tagged Image File Format was sufficient considering limited usefulness and relevance of metadata to the issues involved in the case.
Defendant did not have to produce documents in their native format complete with metadata because defendant's production in Tagged Image File Format was sufficient considering limited usefulness and relevance of metadata to the issues involved in the case.
EEOC v. Lexus Serramonte, 2006 U.S. Dist. LEXIS 58915 (N.D. Cal. Aug. 9, 2006).
While defendant had to produce information on its female employees for a two-year period, it did not have to produce the information as a database file in Quatro Pro readable format as requested by the Equal Employment Opportunity Commission unless defendant already maintained the information in that format.
While defendant had to produce information on its female employees for a two-year period, it did not have to produce the information as a database file in Quatro Pro readable format as requested by the Equal Employment Opportunity Commission unless defendant already maintained the information in that format.
India Brewing, Inc. v. Miller Brewing Co., 2006 U.S. Dist. LEXIS 50550 (E.D. Wisc. Jul. 13, 2006.
A request for five year's worth of information on all world-wide electronic storage systems of defendant was overbroad. Given the lack of any evidence that defendant failed to produce in hard copy form what it was required to produce, the court denied plaintiff's motion to compel defendant to produce stored electronic information and information regarding how the information was stored.
A request for five year's worth of information on all world-wide electronic storage systems of defendant was overbroad. Given the lack of any evidence that defendant failed to produce in hard copy form what it was required to produce, the court denied plaintiff's motion to compel defendant to produce stored electronic information and information regarding how the information was stored.
Smith v. Clark, 2006 U.S. Dist. LEXIS 38804 (S.D. Ga. Jun. 12, 2006).
Defendants in a construction defect dispute were ordered to produce an exact copy of the computer disc of the actual Quickbooks program they used to compile data following plaintiffs' claim that a Quickbooks printout of checks written did not contain all available information on alleged overcharges by defendants.
Defendants in a construction defect dispute were ordered to produce an exact copy of the computer disc of the actual Quickbooks program they used to compile data following plaintiffs' claim that a Quickbooks printout of checks written did not contain all available information on alleged overcharges by defendants.
Residential Constructors, LLC v. Ace Property and Casualty Ins. Co., 2006 U.S. Dist. LEXIS 36943 (D. Nev. Jun. 5, 2006).
While not required to index each document in each file produced by plaintiff as found in the ordinary course of business and copied on to data disks, plaintiff at least had to identify the files it had produced and in which boxes or groups of document numbers the files were located.
While not required to index each document in each file produced by plaintiff as found in the ordinary course of business and copied on to data disks, plaintiff at least had to identify the files it had produced and in which boxes or groups of document numbers the files were located.
Global Compliance, Inc. v. American Labor Law Co., 2006 Cal. App. Unpub. LEXIS 4157 (Cal. Ct. App. May 15, 2006).
In an unpublished opinion, a California appellate court held that a party was properly required to produce a CD-ROM version of hard copy documents that already had been produced in order to provide the requesting party with access to meta data.
In an unpublished opinion, a California appellate court held that a party was properly required to produce a CD-ROM version of hard copy documents that already had been produced in order to provide the requesting party with access to meta data.
Static Control Components, Inc. v. Lexmark Int'l, 2006 U.S. Dist. LEXIS 16662 (E.D. Ky. Apr. 5, 2006).
A company that maintained a database using software modified for its own use and no longer commercially available was ordered to produce the database in a reasonably useful form rather than simply make the database available for review at the company's facilities.
A company that maintained a database using software modified for its own use and no longer commercially available was ordered to produce the database in a reasonably useful form rather than simply make the database available for review at the company's facilities.
Ayers v. SGS Control Services,, 2006 U.S. Dist. LEXIS 17591 (S.D.N.Y. Apr. 3, 2006).
Defendants who had produced responsive documents in paper form were ordered to produce the documents in electronic form to allow more efficient calculation by plaintiffs of alleged damages.
Defendants who had produced responsive documents in paper form were ordered to produce the documents in electronic form to allow more efficient calculation by plaintiffs of alleged damages.
Hagenbuch v. 3B6 Systemi Elettronici Industriali S.R.I., 2006 U.S. Dist LEXIS 10838 (N.D. Ill. Mar. 8, 2006).
Production of documents in TIFF format was inadequate because the TIFF documents did not contain all of the relevant, non-privileged information contained in electronic media designated for production. TIFF documents did not contain document modification dates, email attachments and recipients, and meta data.
Production of documents in TIFF format was inadequate because the TIFF documents did not contain all of the relevant, non-privileged information contained in electronic media designated for production. TIFF documents did not contain document modification dates, email attachments and recipients, and meta data.
Bergersen v. Shelter Mutual Ins. Co., 2006 U.S. Dist. LEXIS 17452 (D. Kan. Feb. 14, 2006).
Defendants who produced computer disks with scanned documents but no index or directory did not produce the documents as they were kept in the ordinary course of business. However, plaintiff's motion to compel more orderly production was denied because it was untimely.
Defendants who produced computer disks with scanned documents but no index or directory did not produce the documents as they were kept in the ordinary course of business. However, plaintiff's motion to compel more orderly production was denied because it was untimely.
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.
Gilliam v. Addicts Rehabilitation Center Fund, 2006 U.S. Dist. LEXIS 3343 (S.D.N.Y. Jan. 26, 2006).
Defendants were ordered to produce compact discs containing payroll records rather than corresponding paper records in order to reduce the time and expense of discovery. The court concluded that a confidentiality order would protect privacy rights in personal data on the compact discs that could not be redacted.
Defendants were ordered to produce compact discs containing payroll records rather than corresponding paper records in order to reduce the time and expense of discovery. The court concluded that a confidentiality order would protect privacy rights in personal data on the compact discs that could not be redacted.
In re Instinet Group, Inc., 2005 Del. Ch. LEXIS 195 (Del. Ct. Chan. Dec. 14, 2005).
After finding that the cost of converting digitized documents into paper form for attorney review was not justified, the court awarded plaintiffs in a settled case $450,000 in attorney fees and costs despite plaintiffs' request for a total award of over $1.5 million.
After finding that the cost of converting digitized documents into paper form for attorney review was not justified, the court awarded plaintiffs in a settled case $450,000 in attorney fees and costs despite plaintiffs' request for a total award of over $1.5 million.
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.
Cardenas v. Dorel Juvenile Group, Inc., 2005 U.S. Dist. LEXIS 18766 (D. Kan. Aug. 31, 2005).
Copies of 18,000 Bates-stamped documents, including email, produced in nine bankers' boxes and identified only within nine categories set out in a cover letter were not produced "as they are kept in the usual course of business" within the meaning of F. R. Civ. P. 34. By simply asserting the documents were produced in the form they were kept, counsel for the producing party did not meet the burden of showing that the documents actually were kept that way. For their sanctionable conduct, counsel were required to pay reasonable costs of the opposing party in moving to compel further discovery.
Copies of 18,000 Bates-stamped documents, including email, produced in nine bankers' boxes and identified only within nine categories set out in a cover letter were not produced "as they are kept in the usual course of business" within the meaning of F. R. Civ. P. 34. By simply asserting the documents were produced in the form they were kept, counsel for the producing party did not meet the burden of showing that the documents actually were kept that way. For their sanctionable conduct, counsel were required to pay reasonable costs of the opposing party in moving to compel further discovery.
William Francis Galvin, Secretary of the Commonwealth of Massachusetts v. The Gillette Company, 2005 Mass. Super. LEXIS 248 (Mass. Sup. Ct. May 19, 2005).
A proposed order seeking all email, servers, archives, discs, back-up tapes, hard drives, back-up systems, and all data bases necessary to investigate "fairness opinions" was denied due to the magnitude and complexities associated with the effort to recover the materials sought.
A proposed order seeking all email, servers, archives, discs, back-up tapes, hard drives, back-up systems, and all data bases necessary to investigate "fairness opinions" was denied due to the magnitude and complexities associated with the effort to recover the materials sought.
In re Plastics Additives Antitrust Litigation, 2004 U.S. Dist. LEXIS 23989 (E.D. Pa. Nov. 29, 2004).
Parties had to provide all transactional data in electronic format, to the extent reasonably feasible, but defendants were not required to provide technical assistance to help plaintiffs understand and make use of the data defendants produced.
Parties had to provide all transactional data in electronic format, to the extent reasonably feasible, but defendants were not required to provide technical assistance to help plaintiffs understand and make use of the data defendants produced.
Zakre v. Norddeutsche Landesbank Girozentrale, 2004 U.S. Dist. LEXIS 6026 (S.D.N.Y. Apr. 9, 2004).
Defendant satisfies production obligations by providing plaintiff with more than 200,000 potentially responsive documents on searchable CD-ROM.
Defendant satisfies production obligations by providing plaintiff with more than 200,000 potentially responsive documents on searchable CD-ROM.
Samide v. Roman Catholic Diocese of Brooklyn, 773 N.Y.S.2d 116 (Mar. 8, 2004).
Appellate court modifies trial court's order requiring defendants to produce the contents of hard drives for an in camera inspection. Court requires only paper production of email messages related to allegations.
Appellate court modifies trial court's order requiring defendants to produce the contents of hard drives for an in camera inspection. Court requires only paper production of email messages related to allegations.
Northern Crossarm Co., Inc. v. Chemical Specialties, Inc., 2004 U.S. Dist. LEXIS 5381 (W.D. Wis. Mar. 3, 2004).
Court declines to order defendant to re-produce email evidence in electronic format when it has already been produced in paper format.
Court declines to order defendant to re-produce email evidence in electronic format when it has already been produced in paper format.
Ranta v. Ranta, 2004 Conn. Super. LEXIS 462 (Conn. Super. Ct. February 25, 2004).
In a divorce proceeding, the wife was ordered to discontinue use of her laptop computer and to turn it over to the court clerk; her husband was ordered to replace the computer and to purchase computer storage devices.
In a divorce proceeding, the wife was ordered to discontinue use of her laptop computer and to turn it over to the court clerk; her husband was ordered to replace the computer and to purchase computer storage devices.
Super Film of Am., Inc. v. UCB Films, Inc., 2004 U.S. Dist. LEXIS 2855 (D. Kan. Feb. 9, 2004).
Court rejects party's assertion that it lacks the expertise to retrieve electronic documents in discovery, and orders party to produce electronic versions of documents within 30 days.
Court rejects party's assertion that it lacks the expertise to retrieve electronic documents in discovery, and orders party to produce electronic versions of documents within 30 days.
In re Honeywell Int'l, Inc. Securities Litigation, 2003 U.S. Dist. LEXIS 20602 (S.D.N.Y. Nov. 18, 2003).
Court orders third party to re-produce relevant documents previously produced in paper form, finding that documents should have been produced electronically, as they were kept in the usual course of business. Court denies overbroad request for email and other electronic documents, finding that requesting party failed to issue sufficiently tailored document request.
Court orders third party to re-produce relevant documents previously produced in paper form, finding that documents should have been produced electronically, as they were kept in the usual course of business. Court denies overbroad request for email and other electronic documents, finding that requesting party failed to issue sufficiently tailored document request.
Zhou v. Pittsburg State Univ., 2003 U.S. Dist. LEXIS 6398 (D. Kan. Feb. 5, 2003).
Court ordered defendant to produce computer-generated documents, even after information was already compiled by hand and submitted in typewritten form.
Court ordered defendant to produce computer-generated documents, even after information was already compiled by hand and submitted in typewritten form.
Gambale v. Deutsche Bank Ag, 2002 U.S. Dist. LEXIS 22931 (S.D.N.Y. November 21, 2002).
Magistrate ordered parties to submit to certain requirements regarding discovery process for electronic data. Court recommends following standards set forth in Rowe Entertainment and Murphy Oil cases, or that parties must confer and propose a joint protocol.
Magistrate ordered parties to submit to certain requirements regarding discovery process for electronic data. Court recommends following standards set forth in Rowe Entertainment and Murphy Oil cases, or that parties must confer and propose a joint protocol.
Southern Diagnostic Assocs. v. Bencosme, 833 So. 2d 801, 2002 Fla. App. LEXIS 15684, 27 Fla. L. Weekly D 2344 (Fla. Dist. Ct. App. 3d Dist. Oct. 30, 2002).
Court disallows unlimited inspection of computer system.
Court disallows unlimited inspection of computer system.
Tulip Computers Int'l B.V. v. Dell Computer Corp., 2002 U.S. Dist. LEXIS 7792, 52 Fed. R. Serv. 3d (Callaghan) 1420, 63 U.S.P.Q.2d (BNA) 1527 (D. Del. Apr. 30, 2002).
Court orders email discovery after party's failures to cooperate with computer-based discovery.
Court orders email discovery after party's failures to cooperate with computer-based discovery.
Cobell v. Norton, 206 F.R.D. 27, 2002 U.S. Dist. LEXIS 5291 (D.D.C. Mar. 29, 2002).
Request for permission to produce emails on paper draws sanctions.
Request for permission to produce emails on paper draws sanctions.
McNally Tunneling Corp. v. City of Evanston, 2001 U.S. Dist. LEXIS 20394 (N.D. Ill. Dec. 10, 2001).
A city did not demonstrate that it was entitled to electronic versions of email and computer files containing a tunnel contractor's schedules and cost summaries because hard copies of the email and computer files already had been provided. Court acknowledged a split in authority as to whether a party was entitled to information in both electronic and hard copy form.
A city did not demonstrate that it was entitled to electronic versions of email and computer files containing a tunnel contractor's schedules and cost summaries because hard copies of the email and computer files already had been provided. Court acknowledged a split in authority as to whether a party was entitled to information in both electronic and hard copy form.
State ex rel. Milwaukee Police Ass'n v. Jones, 615 N. W. 2d 190 (Wis. Ct. App. 2000).
Because of differences between a digital recording and an analog recording of a 911 call, a city and its chief of police were required to produce the digital recording for examination and copying by a police association under an open records law. Earlier production of an analog copy did not satisfy the enhanced request of the association.
Because of differences between a digital recording and an analog recording of a 911 call, a city and its chief of police were required to produce the digital recording for examination and copying by a police association under an open records law. Earlier production of an analog copy did not satisfy the enhanced request of the association.
Sattar v. Motorola, Inc., 1998 U.S. App. LEXIS 4445 (7th Cir. Ill. Mar. 12, 1998).
Court denies request for paper copies of information provided on computer tapes, suggests compromises.
Court denies request for paper copies of information provided on computer tapes, suggests compromises.
Storch v. IPCO Safety Prods., 1997 U.S. Dist. LEXIS 10118, 134 Lab. Cas. (CCH) P33560, 4 Wage & Hour Cas. 2d (BNA) 284 (E.D. Pa. July 15, 1997).
Grants motion to compel production in electronic form of information already provided on paper.
Grants motion to compel production in electronic form of information already provided on paper.
Anti-Monopoly, Inc. v. Hasbro, Inc., 1995 U.S. Dist. LEXIS 16355, 1995-2 Trade Cas. (CCH) P71218 (S.D.N.Y. Nov. 3, 1995).
Production in paper form does not preclude production of the same information in electronic form.
Production in paper form does not preclude production of the same information in electronic form.
Armstrong v. Executive Office of the President, Office of Admin., 303 U.S. App. D.C. 107, 1 F.3d 1274, 1993 U.S. App. LEXIS 20527 (Aug. 13, 1993).
Printouts of emails did not adequately preserve records under Federal Records Act because of loss of meta data. Damage of backup tapes during transfer to archive, and lack of stated intent to repair backup tapes, constituted civil contempt of court's order.
Printouts of emails did not adequately preserve records under Federal Records Act because of loss of meta data. Damage of backup tapes during transfer to archive, and lack of stated intent to repair backup tapes, constituted civil contempt of court's order.
In re Air Disaster at Detroit Metropolitan Airport, 1989 U.S. Dist. LEXIS 16765 (E.D. Mich. June 26, 1989).
After producing printouts, party ordered to re-create and produce computer-readable tape of flight simulation test data.
After producing printouts, party ordered to re-create and produce computer-readable tape of flight simulation test data.
Timken Co. v. United States, 659 F. Supp. 239 (Ct. Intl. Trade 1987).
A party seeking to comment on the methodology used by the Department of Commerce in an antidumping investigation concerning roller bearings from Japan was entitled to data tapes with cost and sales data of Japanese companies submitted to Commerce even though the party already had been provided with printouts containing the data. Requiring the party to key punch the cost and sales data from the printouts to reconstruct the data tapes would have been cost prohibitive.
A party seeking to comment on the methodology used by the Department of Commerce in an antidumping investigation concerning roller bearings from Japan was entitled to data tapes with cost and sales data of Japanese companies submitted to Commerce even though the party already had been provided with printouts containing the data. Requiring the party to key punch the cost and sales data from the printouts to reconstruct the data tapes would have been cost prohibitive.
Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982).
In an employment discrimination action, a company was required to produce data cards and computer runs requested by plaintiffs during discovery but the company was not required to turn over physical possession of computer tapes for examination.
In an employment discrimination action, a company was required to produce data cards and computer runs requested by plaintiffs during discovery but the company was not required to turn over physical possession of computer tapes for examination.
