ESI
Native-format production appropriate under Rule 34 and parties’ agreement
The court compelled production of files in native format, citing Rule 34, the parties’ agreement, and the potential relevance of native-format files.
Produced PDF files ‘are merely pictures’ that lack critical metadata
Where the plaintiff failed to comply with FRCP 34, producing PDFs that lacked critical metadata, the court ordered production of native-format ESI.
Party failed to follow court’s ESI Protocol Order in requesting an exception
The court denied a request to produce ESI in native format rather than TIFF files, citing the inability to Bates number a native production.
PDF production ‘not unreasonable,’ but also not ‘unduly burdensome’ to re-produce
Citing FRCP 34 regarding the form of production, the court ordered a party to re-produce emails in native format rather than as searchable PDFs.
Facing ‘unclear’ evidence, court concludes that overwritten ESI was never downloaded
The court denied sanctions for spoliation, finding that the disputed ESI had been automatically overwritten before the duty to preserve attached.
The plaintiff’s 16-minute call to attorneys didn’t establish a duty to preserve
The court denied sanctions where the plaintiff “accidentally” deleted emails, rejecting as “speculative” the claim that she had a duty to preserve.
Don’t ask for a production you’re not prepared to review
In this class action, the court denied sanctions after the plaintiffs’ demands for a broad scope of discovery yielded a predictably huge production.
Judge notes that while clowns are scary, ESI is not
In this pharmaceutical case, the court ordered the parties to randomly sample the ESI null set for responsiveness after keyword searching.
Neither party emerges as clear winner where both disregarded the rules of discovery
The court denied the plaintiff’s request for re-production of ESI in native format where she gave no “specific, articulable basis” for the request.
