Post Process

Everything to do with E-discovery & ESI

Computer system ‘not conducive’ to keyword search?

Posted by rjbiii on November 8, 2007

In reading 3M v. Kanbar, 2007 U.S. Dist. LEXIS 78374 (N.D. Cal. Oct. 10, 2007), an opinion posted at the Electronic Discovery Blog, we ran across this passage:

Upon reviewing the emails produced, the court appreciates 3M’s concern. However, given the assertions by Rollit’s counsel, compelling another search will not cure the problems inherent in a manual search. FN3 Therefore, the court orders (each) Defendant to sign a declaration certifying that all non-privileged, responsive documents have been produced.
The declaration shall detail what Rollit (and each other defendant) and its employees have done to ensure a complete production. Given the concern over the previous omission, Defendant(s) would do well to ensure that all responsive documents have been produced before signing. Accordingly, the motion as it pertains to compelling another search is GRANTED IN PART. The declarations shall be filed with the court within 7 days of the date of this order.

FN3: It does not seem that Rollit’s computer system is conducive to an order compelling an electronic keyword search.

(emphasis added)

I wonder to what unique attributes the court refers when it states that “Rollit’s computer system is [not] conducive to an order compelling an electronic keyword search?” There is no elaboration, but I would love to see what factors convinced the court of this…

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