Ferron v. Search Cactus

2008 WL 1902499 (2008)

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Ferron v. Search Cactus

United States District Court for the Southern District of Ohio
2008 WL 1902499 (2008)

RW

Facts

Attorney John Ferron (plaintiff) was engaged in federal-court litigation against Search Cactus, LLC (defendant). In electronic discovery (e-discovery), the parties agreed that Search Cactus had a right to obtain relevant and discoverable electronically stored information (ESI) that Ferron kept on his home and office computers. This discoverable ESI was commingled with other nonrelevant and nondiscoverable ESI that Ferron kept on his computers, such as Ferron’s personal banking information and client files that were protected from disclosure by the attorney-client privilege. The parties could not agree on how to separate the discoverable ESI from the nondiscoverable ESI without risking the inadvertent omission or destruction of ESI to which Search Cactus was entitled or the inadvertent disclosure of ESI that Ferron was entitled to keep confidential. The court stepped in to determine how e-discovery should proceed and ordered each party to appoint a qualified forensic computer expert.

Rule of Law

Issue

Holding and Reasoning (Frost, J.)

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