I can see how this could have gone either way- like anything brought up to a
legal challenge, there is a lot subject to interpretation.

"Under Rule 34, “if a request does not specify a form for producing
electronically stored information, a party must produce it in a form or
forms in which it is ordinarily maintained or in reasonable usable form or
forms” (emphasis added). U.S.C.S. Fed. Rules Civ. Proc. R 34."

I can see where "a form/forms in which it is ordinarily maintained" and "OR
in reasonable usable form/forms" could be two completely different things,
especially with the word "OR" in the language.

What likely made the difference in this case was the decision to CONVERT
from stored form to PDF, but there's a crucial piece of info missing. What
was this 'fully searchable format' they normally retained it in?  I can't
think of many formats of ESI that could easily be converted to PDF to
deliver in response to a data request (?)

Any others seen a similar case before?

Larry
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