In a case involving a DVD full of e-mails requested by defendant, the plaintiff’s counsel ran into some software issues in trying to access, print, review, and produce the files in question. After producing only ten e-mail strings, and a relatively limited privilege log, the defendant filed a motion to compel. A U.S. Magistrate Judge sitting in the District of Colorado held that while “perhaps plaintiff’s counsel can be heard to plead technical ignorance or mistake in his initial dealings with the DVD, upon the receipt of Ms. Yates’ letter, he was on notice of the potential problem and was obligated to seek competent professional assistance to ascertain the truth about the contents of the DVD.” See Garcia v. Berkshire Life Ins. Co., No.04-01619, 2007 WL 3407376 (D.Colo. Nov. 13, 2007).
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