(1) Do you require parties to confer regarding a plan addressing discovery of electronically stored information?
Salinger, J.: Yes, absolutely. The parties should confer and agree how to make the discovery process work for all concerned.
Krupp, J.: Yes.
Kazanjian, J.: Yes.
Ricciuti, J.: Absolutely.
(2) Do you have a standard order or established guidelines for the discovery of electronically stored information and/or for specific aspects of the list set forth in Rule 26(f)(3)?
Do you generally include anything in addition to the list set forth in Rule 26(f)(3)?
Salinger, J.: I do not have a standard order or guidelines for discovery of electronically stored information. Parties have generally been able to agree upon the standards and parameters that make sense for that case.
Krupp, J.: No.
Kazanjian, J.: No.
Ricciuti, J.: No.
(3) What do you consider in issuing an order for allocating expenses for discovery of electronically stored information?
Salinger, J.: Fundamental fairness.
Krupp, J.: I have rarely been presented with the issue.
Kazanjian, J.: I would consider the breadth of the request and the burden it would imposed on the responding party. I would also consider proportionality issues, such as the cost to respond to the request versus the amount in dispute.
Ricciuti, J.: Same as Judges Salinger and Kazanjian.
| Date published: | April 1, 2022 |
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