Kleen Products v. Packaging Corp. of America
United States District Court for the Northern District of Illinois
2012 WL 4498465 (2012)
- Written by Rich Walter, JD
Facts
Kleen Products LLC (Kleen) (plaintiff) sued Packaging Corporation of America (Packaging) (defendant) in federal court. Packaging produced a significant amount of responsive electronically stored information (ESI) at the outset of electronic discovery (e-discovery). After reviewing about 20 percent of this ESI, Kleen asked Packaging to sweep its data again, this time using a technology-assisted-review technique known as content-based advanced analytics (CBAA). Packaging objected that a CBAA sweep was unlikely to produce much more ESI than Packaging had already identified through the use of keyword and Boolean searches. Kleen also asked Packaging to review its backup tapes. Packaging objected to this request, which it claimed could add more than $1 million to its discovery expenses. Following a series of court-mediated conferences between the parties, Kleen withdrew the CBAA request but moved to compel review of the backup tapes.
Rule of Law
Issue
Holding and Reasoning (Nolan, J.)
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