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Archive for the ‘FRCP 45(d)’ Category

Case Blurb: Ahner; Production of Paper Version does not necessarilly Preclude Requirement to Produce ESI

Posted by rjbiii on October 17, 2008

“The mere fact that information which as a matter of ordinary course of one’s business is electronically stored has been produced in functional equivalent, such as through hard copy, does not in and of itself excuse a party from producing the requested information in electronic form.” Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55, 73 (N.D.N.Y.2003) (citing Anti-Monopoly, Inc. v. Hasbro, Inc., No. 94CIV.2120, 1995 WL 649934, at *2 (S.D.N.Y. Nov. 3, 1995) (citing 8A Wright, Miller & Marcus, Federal Practice and Procedure § 2218, at 452 & n. 13)). [Producing Party] has not provided any evidence to support its assertion that the authenticity of its engineering opinions, which were issued in final form this case in January, March and July 2006, might be compromised if the [Requesting Party] were permitted to discover its electronic files. Thus, Rule 45(d)(1)(C) does not relieve [Producing Party] of its obligation to respond to the subpoena duces tecum by producing its relevant, non-privileged, electronically stored information in the requested electronic form.

Auto Club Family Ins. Co. v. Ahner, 2007 WL 2480322 at *2 (E.D.La. Aug. 29, 2007)

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Posted in 5th Circuit, Case Blurbs, E.D. La., Form of Production, FRCP 45(d), Magistrate Judge Joseph C. Wilkinson Jr. | Leave a Comment »