Production Madness: The Covad Story Continues with New ESI Pitfalls


The Covad opinion is a “direct sequel” to the “Christmas Eve” opinion of last year. The second opinion is from May 27, 2009, which has must read analysis on forensic imaging of hard drives and email servers. However, no one is calling the second opinion the “Sink the Bismark” Order, in recognition of the events of May 27, 1941.

In the new opinion (which history fans could call the Voyage 2 Opinion), the Plaintiff brought a motion to compel compliance with the “Christmas Eve” opinion due to the “adequacy” of the Defendants’ responses and email searches. Covad, 1-2.

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