Looking for Case Law on Native File Formatting?


Sekisui Am. Corp. v. Hart[1] (Hon. Shira A. Scheindlin stated metadata in native formatting has significant value as part of electronically stored information (ESI) in dicta.)

Aguilar v. Immigration & Customs Enforcement Div.[2] (The court noted load files complete with metadata is proper in eDiscovery.)

In Re Priceline.com Inc. Sec. Litig.[3] (Court ordered the production tendered in TIFF format with metadata included in a database that is searchable.)

S2 Automation LLC v. Micron Tech., Inc.[4] (Judge ordered production in native file format or in the format requested.)

Keaton v. Hannum[5] (Judge explained that email communications from Gmail are easily downloaded to Outlook to save as an .eml or .msg files for productions.)

EEOC v. SVT, LLC d/b/a Ultra Foods[6](Defendant disregarded the parties’ agreement for ESI production to include load files, the plaintiff computer forensics expert had to review the deficiencies with the defense to comply with the agreement on native files.)

ILS – Plaintiff eDiscovery Experts

[1] 945 F. Supp. 2d 494 (S.D.N.Y. 2013).
[2] 255 F.R.D. 350 (S.D.N.Y. 2008).
[3] 233 F.R.D. 88 (D. Conn. 2005).
[4] 11 Civ. 884(D.N.M. Aug. 9, 2012).
[5] 12 Civ. 641 (S.D. Ind. April 29, 2013).
[6] Cause No. 2:13-CV-245-RLM-PRC (N.D. Ind. April 10, 2014).