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Form of Production > Native Production Required
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).
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
Nova Measuring Instruments Ltd. v. Nanometrics, Inc., 2006 U.S. Dist. LEXIS 49156 (N.D. Cal. Mar. 3, 2006).
In a patent infringement action, a manufacturer was ordered to produce documents in their native file format with original meta data. The magistrate judge also ordered that the documents had to be separately identified by Bates numbers to correspond to infringement claims identified in plaintiff's Patent Local Rule 3-1(c) chart.
In a patent infringement action, a manufacturer was ordered to produce documents in their native file format with original meta data. The magistrate judge also ordered that the documents had to be separately identified by Bates numbers to correspond to infringement claims identified in plaintiff's Patent Local Rule 3-1(c) chart.
Williams v. Sprint/United Mgmt. Co.,, 2005 U.S. Dist. LEXIS 21966 (D. Kan. Sept. 29, 2005).
In a primer on the discoverability of meta data, a court held that a party should not have electronically "scrubbed" the meta data off of spreadsheets it was ordered to produce. Following the Sedona Principles, the court concluded that "the producing party should produce the electronic documents with their meta data intact, unless that party timely objects to production of meta data, the parties agree that the meta data should not be produced, or the producing party requests a protective order."
In a primer on the discoverability of meta data, a court held that a party should not have electronically "scrubbed" the meta data off of spreadsheets it was ordered to produce. Following the Sedona Principles, the court concluded that "the producing party should produce the electronic documents with their meta data intact, unless that party timely objects to production of meta data, the parties agree that the meta data should not be produced, or the producing party requests a protective order."
In re Verisign Sec. Litig., 2004 U.S. Dist. LEXIS 22467 (N.D. Cal. Mar. 10, 2004).
In a class action securities case, defendants were ordered to produce electronic documents in their native .pst form if that was how they were stored in the usual course of business. The court affirmed the magistrate's order despite defendants' contention that they had been preparing to produce the documents in TIFF format and that conversion back to .pst form would be burdensome.
In a class action securities case, defendants were ordered to produce electronic documents in their native .pst form if that was how they were stored in the usual course of business. The court affirmed the magistrate's order despite defendants' contention that they had been preparing to produce the documents in TIFF format and that conversion back to .pst form would be burdensome.
United States v. First Data & Concord EFS, Inc., 2003 U.S. Dist. LEXIS 23458 (D.C. October 31, 2003).
The court set limits regarding the discovery of electronic discovery and the manner of production of the discovery.
The court set limits regarding the discovery of electronic discovery and the manner of production of the discovery.
Medtronic Sofamor Danek, Inc. v. Sofamor Danek Holding, Inc., 2003 U.S. Dist. LEXIS 8587 (W.D. Tenn. May 13, 2003).
Requesting party ordered to bear burden of a portion of cost of producing information from backup tapes. Court followed Rowe cost-shifting analysis and set forth detailed discovery plan.
Requesting party ordered to bear burden of a portion of cost of producing information from backup tapes. Court followed Rowe cost-shifting analysis and set forth detailed discovery plan.
