No Native for You! Judge Denies Plaintiff’s Request for Native Production

No Native for You! Judge Denies Plaintiff’s Request for Native Production

Secure Energy, Inc. v. Coal Synthetics, 2010 U.S. Dist. LEXIS 13532 (E.D. Mo. Feb. 17, 2010)

Plaintiff initially served their discovery requests on Defendnat on December 31, 2008. Plaintiff asked for “[a]ll documents relating to engineering plans and drawings developed as a result of the equipment bidding process for the Coal Synthetics Project(s).” On February 2, 2010, Plaintiff filed their motion for leave to file a motion to compel asking for production of the plans and drawings in native format. The discovery deadline was November 20, 2009 and all motions to compel were due by December 1, 2009. Requestor sought the drawings in native format because the metadata would show who created the drawings and whether they were created from another file, which would support requestor’s claim that the drawings were misappropriated.

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