Civil Procedure Keyed to Cross
D’Onofrio v. SFX Sports Group, Inc.
Plaintiff, Audrey D’Onofrio, initiated this action against her employer, SFX Sports Group, Inc. (SFX), Defendant, on the grounds that Defendant allegedly discriminated against her based on gender and wrongfully terminated Plaintiff, violating of the District of Columbia Human Rights Act, the Equal Pay Act, and the District of Columbia Family Medical Leave Act. Throughout discovery, Plaintiff requested Defendant to produce its business plan by stating documents that are “stored or maintained in the normal course of business.” Plaintiff wanted this produced to fully preserve and identify the files where the documents were kept. Defendant produced the business plan, but the business plan was not in its original format. Plaintiff motioned to compel Defendant to produce the business plan in the original format, including the metadata. Further, Plaintiff contends that Defendant is solely allowed to provide document sin a format, other than the original, “if necessary,” under FRCP 34. Defendant, however, claims that Plaintiff did not request a specific format in the request for production, the FRCP does not require a specific format, and Plaintiff never indicated that metadata was important to the case at hand.
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