United States District Court Judge Shira A. Scheindlin (author of the
Zubulake (2004) and
Pension Committee (2010) decisions) has issued another seminal e-discovery opinion in the saga that is
National Day Laborer Organizing Network et al. v. United States Immigration and Customs Enforcement Agency, et al. 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012). This marks her fifth decision in the case.
The last time we discussed the NDLON case was in the context of metadata and Freedom of Information Act (FOIA) requests [i.e., metadata contained in responsive electronically stored information is producible in FOIA requests (opinion withdrawn)].
The July 13, 2012 opinion still centers on FOIA requests; however, the issue this time around focuses on the effectiveness of the defendants’ searches for relevant ESI in response to the plaintiffs’ request.
The main take-away from this opinion is Judge Scheindlin’s harsh criticism of custodian self-collection, which is how many of the defendant agencies in this matter conducted their searches and collections.
