Ford Motor Co. v. Edgewood Properties, Inc., 257 F.R.D. 418, 2009 WL 1416223 (D.N.J. May 18, 2009)

Plaintiff moved to obtain the other party’s documents in native format. The judge denied the motion as untimely:

It is beyond cavil that this entire problem could have been avoided had there been an explicit agreement between the parties as to production, but as that ship has sailed, it is without question unduly burdensome to a party months after production to require that party to reconstitute their entire production to appease a late objection…Parties would be best to heed the admonition of a recent court that ‘the best solution in the entire area of electronic discovery is cooperation among counsel.’ William A. Gross, supra, 256 F.R.D at 136l.


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