Westmore, Kandis A., United States Magistrate Judge
In this trademark infringement action, the court denied defendant’s motion to compel production of emails and spreadsheets in their native format because the parties stipulated that documents could be produced in paper, and that native format need only be produced when it was “more practicable to do so."
The parties filed a Joint Rule 26(f) Report that contained the following stipulation (emphasis added):
With respect to the production of electronic data and information, the parties agree that the production of metadata beyond the following fields are not necessary in this lawsuit absent a showing of a compelling need: Date Sent, Time Sent, Date Received, Time Received, To, From, CC, BCC, and Email Subject. The parties agree to produce documents in electronic form in paper, PDF, or TIFF format, and spreadsheets and certain other electronic files in native format when it is more practicable to do so.
After plaintiffs produced “7 large PDF image documents” of responsive emails, defendants objected that the documents were not produced in their native format, and were not reasonably useable.
The court held that the parties’ Joint Rule 26(f) Report’s (“Report”) stipulation controlled and just because “producing the documents in a searchable format would ease defendant’s review does not render plaintiff’s production deficient.” The court also failed to see why metadata should be produced “when every email should contain the information sought on the face of the document.” But the court did order production of emails with any accompanying metadata for any emails that did not contain responsive information on the face of the emails, “(i.e. as may be the case with BCC).”
Defendants also argued that the parties’ stipulated report required spreadsheets to be produced in native format. Once again the court denied this argument finding that the Report only required production in native format where it was “more practicable to do so.”
v.
TRIOLOGY LLC, Defendant
Counsel
Raffi Vaheh Zerounian, The Taillieu Law Firm, Beverly Hills, CA, for Plaintiff.ORDER REGARDING 8/20/14 JOINT LETTER Dkt. No. 57
With respect to the production of electronic data and information, the parties agree that the production of metadata beyond the following fields are not necessary in this lawsuit absent a showing of a compelling need: Date Sent, Time Sent, Date Received, Time Received, To, From, CC, BCC, and Email Subject. The parties agree to produce documents electronic form in paper, PDF, or TIFF format, and spreadsheets and certain other electronic files in native format when it is more practicable to do so.