By Tom Hagy
When you’re expecting a swell gift-and when only a name brand will do-it is hard to fake a smile of gratitude when you tear off the wrapping paper to reveal your brand new R-Manny suit. You try to convince yourself it’s just as good. But as you stand there, trying to imagine convenient applications of a jacket with one sleeve that is four inches longer than the other, you know there is nothing doing. A litigant seeking data in this discovery story probably felt the same way, and so did the court.
Read on for an article I wrote for the LexisNexis E-Discovery Brief, where the court in German v. Micro Electronics, Inc., 2013 U.S. Dist. LEXIS 4594 (S.D. Ohio Jan. 11, 2013) held that the production of print version of emails, web pages and other originally electronic documents was not in the form “in which it is ordinarily maintained” was therefore insufficient under Federal Rule of Civil Procedure 34.