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National Union Fire Insurance Company of Pittsburgh, Pa v. Resource Development Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 29, 2012

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, PLAINTIFF,
v.
RESOURCE DEVELOPMENT SERVICES, INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

ORDER GRANTING-IN-PART PLAINTIFF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA'S MOTION TO CONFIRM COMPLIANCE WITH DECEMBER 12, 2011 ORDER (Re: Docket No. 325)

In a letter dated February 14, 2012, Defendant Dominguez & Sons Trucking, Inc. ("DS Trucking") identifies a number of purported deficiencies by Plaintiff National Union Fire Insurance 20 Company of Pittsburgh, PA's ("National Union") in complying with this court's order dated 21 December 12, 2011.*fn1 National Union filed a response. On February 28, 2012, the parties appeared 22 for hearing. Having reviewed the papers and considered the arguments of counsel, 23

IT IS HEREBY ORDERED that National Union's motion to confirm compliance is GRANTED-IN-PART. 25

Despite raising a litany of deficiencies by National Union in complying with the December 12 order, at the hearing, DS Trucking narrowed this list to two -- National Union's failure to 3 provide documents in their native format and National Union's failure to provide all of the 4 insurance policies covering Waste Management.*fn2

The issue regarding National Union's failure to produce insurance policies was raised by DS Trucking the day before the hearing.*fn3 As a result, the parties did not meet and confer on the 7 issue in advance of the hearing and National Union did not have an opportunity to respond in 8 writing. Because DS Trucking did not timely raise the issue regarding National Union's insurance 9 policies covering Waste Management and the parties did not meet and confer in advance of the 10 hearing, this request is denied. The parties shall meet and confer before DS Trucking seeks any 11 further relief on this issue.

As to the second issue, National Union acknowledges that it converted certain Excel spreadsheets into .TIFF format and produced them to DS Trucking with a load file. All other 14 documents that National Union produced to DS Trucking, however, were produced as Waste 15 Fed. R. Civ. P. 34 (b)(2)(E)(i) requires that documents must be produced as they are kept in the 17 usual course of business or must be organized and labeled to correspond to the categories in the 18 request. Subsection (ii) of the same rule requires that if a document request does not specify a 19 format to produce electronically stored information, it must be produced in a form as it is ordinarily 20 maintained or in a reasonably usable form. National Union's conversion of the Excel spreadsheets 21 into .TIFF format violates this requirement by limiting DS Trucking's ability to review the Excel 22 spreadsheets in their entirety. As anyone with even modest experience with spreadsheet 23 applications can appreciate, an image of a multi-field table is all but useless when compared to a 24 native table that can be sorted, pivoted and otherwise manipulated by the user. National Union 25 either must produce all the disputed spreadsheets in their native format or in an otherwise 26 reasonably usable form so that DS Trucking can access the spreadsheets in their entirety. This 2 production shall be completed no later than March 9, 2012. 3

By producing Waste Management's other documents as they are kept in the usual course of 4 business and in the forms that they were ordinarily maintained, National Union has otherwise 5 complied both with Fed. R. Civ. P. 34 and the December 12 order.

IT IS FURTHER ORDERED that DS Trucking's request for sanctions is DENIED.

IT IS SO ORDERED.


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