Defendant Does Not Deliver Correct Format, Must Produce ESI with Metadata (Louisiana)

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RPM Pizza, LLC v. Argonaut Great Central Ins. Co., 2013 WL 6054551 (M.D. La. Nov. 15, 2013).

In this insurance claim case, an intervening plaintiff objected to the defendant’s production. The defendant produced ESI in PDF format without metadata, which was contrary to the plaintiff’s requests to include all metadata. The defendant argued that the plaintiff’s position on ESI formatting should be rejected because the plaintiff waived its format objection by not objecting to an earlier production of documents in PDF format and that the plaintiff had failed to show why it was essential for the defendant to produce ESI with metadata. The court reasoned that the plaintiff had properly requested a production format under Fed. R. Civ. P. 34(b)(2)(E) and further found the defendant’s waiver argument unmerited as the plaintiff did bring a failure to comply with the defendant’s first production to its attention. The court also ruled that the defendant had waited too long to object to the plaintiff’s specifications by failing to make any objection until after they had provided thousands of documents, and therefore granted the plaintiff’s motion to compel.

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