"Unless it is material to resolving the dispute, there is no obligation to preserve and produce metadata absent agreement of the parties or order of the court."
Although Outlook format would produce more than metadata, the principle remains the same: unless native format is material to judgment, one party's insistence on it is not adequate to so order. The judge found that native format was immaterial to solving the remaining claim. He also pointed out that a native Outlook production could not use Bates numbering and would be subject to alteration. In view of these concerns and the sheer size of the potentially relevant data set, he ruled that Kay Beer's demand was excessive given the merits of the remaining case.
The key point for IT? Energy Brands had worked with a third party to de-dup their initial data set, but otherwise did everything in-house. Their IT department would have been responsible for outputting hundreds of thousands of separate emails for plaintiff review. Energy Brands dodged the bullet in this case but not everyone has been so lucky. IT must be prepared to handle this type of request, and to handle it quickly. Some eDiscovery products have this capability - Attenex from FTI is an example. It's a good plan for IT to know beforehand what tools are available to them to handle different aspects of production.
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