D'Onofrio v. SFX Sports Group, Inc.
United States District Court for the District of Columbia
247 F.R.D. 43 (D.D.C. 2008)
Audrey D’Onofrio (plaintiff) sued her employer, SFX Sports Group, Inc. (SFX) (defendant), alleging gender discrimination and wrongful termination in violation of the District of Columbia Human Rights Act, the Equal Pay Act, and the District of Columbia Family Medical Leave Act. During discovery, D’Onofrio asked SFX to produce its business plan. The discovery request instructed that documents “stored or maintained in the normal course of business” be produced so as to preserve and identify the files where the documents were stored. SFX provided the business plan, but not in its original format. D’Onofrio moved to compel SFX to produce the business plan in the original format with metadata, arguing that Federal Rule of Civil Procedure (FRCP) 34 only permits a party to provide documents in a format other than the original “if necessary.” SFX responded that: (1) D’Onofrio did not request that documents be provided in a particular format, (2) the FRCP did not require the documents be produced in their original electric format with metadata, and (3) D’Onofrio made no showing that the metadata was relevant.
Rule of Law
Holding and Reasoning (Facciola, J.)
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