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Electronic Discovery: Dartnell Enterprises Inc. v. Hewlett Packard Company

Supreme Court, Monroe County

Electronic Discovery

Compelling Metadata

Dartnell Enterprises Inc. v. Hewlett Packard Company
2006/02709
Judge Stander

Background: The plaintiff commenced the action against the defendant alleging bad faith and tortuous interference with prospective business relations with third parties. The plaintiff requested documents from the defendant related to certain communications. The defendant produced the information in hardcopy format, but not electronically. The plaintiff sought a motion to compel the defendant to produce those documents in electronic form in its native format.

Ruling: The court granted the plaintiff’s motion to compel. The court found that the hardcopies produced were stripped of the metadata and that the disclosure request for the material in its native format is material and necessary in the prosecution of the action.

Todd Bullard of Harris Beach LLP for the plaintiff; Beryl Nusbaum and William G. Bauer of Woods Oviatt Gilmann LLP and Kristopher T. Henning, James E. Delbello and James C. Carroll of Morgan Lewis & Bockius LLP for the defendant