Copperhead Pipeline and Construction, Inc. v. Northern Natural Gas Company
ORDER - After a thorough discussion of the issues, the parties shall meet and confer in good faith regarding Copperhead's demand that Northern's ESI be produced in native format... Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COPPERHEAD PIPELINE AND
CONSTRUCTION, INC., an Oklahoma
NORTHERN NATURAL GAS
COMPANY, a Delaware Corporation;
The parties conferred with the undersigned magistrate judge regarding Northern’s
request for a continuance, to February 6, 2015, of its deadline for responding to
Copperhead’s production requests and interrogatories. Northern stated it is diligently
collecting and reviewing the documents responsive to the 195 document production
requests served by Copperhead. Copperhead voiced two primary concerns with granting
the requested extension: 1) If Northern raises objections to the discovery, Copperhead
wants to know immediately so the issues can be raised before the court, and 2) Northern’s
delay in raising any objections and producing discovery may jeopardize the parties’
ability to meet the current May 1, 2015 discovery deadline.
After a thorough discussion of the issues,
IT IS ORDERED:
The parties shall meet and confer in good faith regarding Copperhead’s
demand that Northern’s ESI be produced in native format. If, after those discussions,
Northern objects to producing all or part of the documents in native format, it shall serve
that objection on or before January 27, 2015. Serving an advance objection on the native
format issue does not waive Northern’s right to raise any other discovery objections when
timely serving discovery responses as required under paragraph 3 of this order.
Any motion to compel production in native format shall be promptly filed
after receiving Northern’s objection. Northern’s response to the motion to compel shall
be filed within 10 calendar days, followed by Copperhead’s reply, if any, filed 7 calendar
days thereafter. The three-day mailing rule shall not apply to these response and reply
Northern shall fully respond to Copperhead’s requests for production and
interrogatories on or before February 6, 2015. Any objections raised in Northern’s
discovery responses shall not only state the objection, but shall clearly explain what has
been produced and what has not. If responsive documents do not exist, the response must
make that clear—irrespective of whether Northern also objects to the request. Northern’s
discovery responses must be timely made even if Copperhead has moved to demand
production in a native format. And Northern’s production in PDF or other format does
not moot Copperhead’s motion to compel production in native format.
January 13, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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