The court granted a motion to compel, finding that disorganized ESI did not satisfy FRCP 34; it ordered amendment of all non-conforming productions.
Despite being ordered to comply with FRCP 34, the plaintiffs continued to produce emails in PDF rather than native format, leading to sanctions.
The court compelled production of files in native format, citing Rule 34, the parties’ agreement, and the potential relevance of native-format files.
Where the plaintiff failed to comply with FRCP 34, producing PDFs that lacked critical metadata, the court ordered production of native-format ESI.
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.
In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
Collection supports the earlier stage of preservation, as collected data is available for later stages of discovery and will not be inadvertently deleted or modified.
Where the defendant “deliberately altered” a Skype transcript, the court denied terminating sanctions in favor of an adverse instruction and costs.
Ediscovery management is people management — and human resources has a critical role to play. From policy development and training to data mapping and coordination…
What happens in the collection phase of ediscovery and what can go wrong? From metadata concerns to targeted collections, we’ve got your answers.
In this defamation case, the court ordered evidentiary sanctions, but no adverse instruction, for the plaintiffs’ spoliation of evidence and metadata.