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Amendment to ESI Protocol Granted in Part Over Objection of Defendant
In Parkcrest Builders, LLC v. Housing Authority of New Orleans, Section J(4), Case No. 15-1533 (E.D. La., Apr. 6, 2017), Plaintiff entered into a contract with Defendant to construct affordable housing. The contract required use of certain treated wood, which Plaintiff deemed unobtainable. Defendant agreed to change the type of
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Plaintiff Ordered to Produce Emails in TIFF Format with Metadata from Original Sources
In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., Case No. 15-1435 (E.D. Cal., Dec. 29, 2016), a breach of contract action arising out of an agreement to sell 2,470 acres of farmland, Defendants requested emails from Plaintiffs in TIFF format with metadata. Plaintiffs produced some of
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Plaintiff Ordered to Produce Metadata for Privilege Log
In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., Case No. 15-01300 (D. S.C., Nov. 3, 2016), Plaintiff entered into a fronted insurance program with two reinsurance companies, Redwood and Dallas, whereby Redwood and Dallas assumed the risk but Plaintiff received a fee in exchange for their use
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When Can a Plaintiff Receive Metadata?
Recent Case Law Regarding Metadata in eDiscovery Metadata, the underlying data contained within electronic documents, includes important information such as formation, who created that data, whether it was altered and when, geographic location of the data, and more. We have previously written a newsletter about case law regarding metadata in
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Court Compels Plaintiffs to Produce Access Database for Forensic Metadata Analysis
In Thorne Research, Inc. et. al. v. Atlantic Pro-Nutrients, Inc., Case No. 13-784 (D. Utah, Mar. 22, 2016), a patent infringement suit involving a nutritional supplement formula, Defendant filed a Motion to Compel, seeking a complete copy of a database Plaintiffs’ inventor Donald Steele used to enter the patented formulas at
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Disputed eDiscovery in Civil RICO Suit Frustrates Court
In Loop AI Labs, Inc. v. Gatti et. al., Case No. 15-00798 (N.D. Cal., Mar. 10, 2016), Plaintiff sued Defendant Gatti, its former CEO, for taking a job at Defendant Almawave USA, Inc. while still employed by Plaintiff. Plaintiff’s complaint accuses Defendants of conspiring to steal its trade secrets in
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Court Orders Defendants to Produce Emails in Native File Format Following PDF Production
In Luxul Technology, Inc. v. Nectarlux, LLC et. al., Case No. 14-03656 (N.D. Cal., Feb. 3, 2016), Defendants produced emails in response to Plaintiff’s discovery requests in PDF format without metadata, despite specific language in the document requests asking for emails in native format with metadata. Defendants also failed to
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Southern District of Ohio Denies Access to Affidavit Metadata in Age Discrimination Case
In Guyton v. Exact Software North America, Case No. 14-502 (S.D. Ohio, Dec. 21, 2015), Plaintiff sued Defendant, her former employer, for age discrimination and sex discrimination. Defendant terminated Plaintiff after what Plaintiff alleges were years of favorable evaluations and promotions without negative incidents. At her termination, Defendant advised her that
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Defendants Ordered to Produce Email Metadata
In Prezio Health, Inc. v. Schenk, et. al., Case No. 13-1463 (D. Conn., Sept. 9, 2015), the District of Connecticut recently considered whether to order Defendants to produce metadata for already-produced emails in a recent opinion. Plaintiff sued a former employee and his current employer for violations of a non-compete
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Court Orders Defendant to Produce Native Files of Draft Affidavits
In Johnson v. RLI Insurance Company, Case No. 14-00095 (D. Alaska, Aug. 31, 2015), Plaintiff was injured in a car accident in which the driver was killed. Plaintiff sued the driver’s estate and received an over $2 million judgment and the assignment of any claims the estate had against its insurance