Adkins et al v. Apple Inc et al

Filing 109

ORDER REGARDING DISCOVERY DISPUTE re 107 , 108 Statements. Signed by Judge William H. Orrick on 11/18/2014. Plaintiffs' request for an order compelling defendants to produce ESI in native format is DENIED. Defendants may produce the requested ESI in the form proposed in their individual statement. (jmdS, COURT STAFF) (Filed on 11/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA SUE ADKINS, et al.,

Case No. 14-cv-01619-WHO

Plaintiffs,
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ORDER REGARDING DISCOVERY
DISPUTE

v.
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APPLE INC, et al.,

Re: Dkt. Nos. 107, 108

Defendants.

United States District Court
Northern District of California

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The parties have been unable to agree on the format for defendants’ production of

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electronically stored information (“ESI”) and have submitted individual statements to the Court

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regarding this dispute. Dkt. Nos. 107, 108. Plaintiffs request that defendants produce all ESI in

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native format, except for documents containing redactions, which plaintiffs agree may be

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produced in searchable PDF format. Dkt. No. 108. Defendants propose to produce ESI in

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searchable PDF format accompanied by standard metadata fields, except for Excel spreadsheets,

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which defendants have agreed to produce in native format. Dkt. No. 107. Defendants have also

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agreed to meet and confer regarding the production of other ESI in native format on a case-by-case

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basis. Id.

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Plaintiffs’ request for an order compelling defendants to produce ESI in native format is

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DENIED. The advisory committee’s notes to Federal Rule of Civil Procedure 34(b) make clear

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that where “the form of production is not specified by party agreement or court order, the

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responding party must produce electronically stored information either in a form or forms in

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which it is ordinarily maintained or in a form or forms that are reasonably usable . . . The rule does

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not require a party to produce electronically stored information in the form in which it is ordinarily

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maintained, as long as it is produced in a reasonably usable form.” Fed. R. Civ. P. 34(b) advisory

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committee’s notes (2006 Amendments); see also, Silicon Labs Integration, Inc. v. Melman, No.

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08-cv-04030-HRL, 2010 WL 4588887, at *2 (N.D. Cal. Nov. 3, 2010) (“Absent agreement by the

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parties or a court order as to the form of production, a party must produce electronically stored

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information either in a form in which the data ordinarily is maintained or in a form that is

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reasonably usable.”). Defendants’ proposed form of production appears reasonably usable –

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indeed, it appears to be the industry standard – and plaintiffs have not provided the Court with any

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persuasive grounds for finding otherwise. Accordingly, defendants may produce the requested

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ESI in the form proposed in their individual statement.

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Finally, when it comes time to determine class certification I must decide whether counsel
has the ability to fairly and adequately represent the interests of the class. Fed. R. Civ. P. 23(g)(1),

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(2) and (4). To date, plaintiffs’ counsel has shown a disturbing inability to comply with the rules

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United States District Court
Northern District of California

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of this Court. Five days ago, I issued an order admonishing plaintiffs’ counsel (for the second

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time in one month) for attempting to raise a discovery issue in violation of the Court’s Standing

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Order for Civil Cases. See Dkt. No. 106 at 2. Today, counsel filed her individual statement late

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and in violation of the font-size and line-spacing requirements of the Civil Local Rules. See Civil

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L.R. 3-4(c)(2). If plaintiffs’ counsel cannot comply with the basic rules of this Court, it is

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undoubtedly to the benefit of the class she seeks to represent that she find another attorney to

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litigate this case.

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IT IS SO ORDERED.
Dated: November 18, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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