Where plaintiff had produced electronically-stored information (or ESI) in .TIFF format, defendant brought a motion to compel. Magistrate Salas, sitting in the District of New Jersey, generally embraced Sedona Principle 12, which provides that: “Absent party agreement or court order specifying the form or forms of production, production should be made in the form or forms in which the information is ordinarily maintained or in a reasonably usable form, taking into account the need to produce reasonably accessible metadata that will enable the receiving party to have the same ability to access, search, and display the information as the producing party where appropriate or necessary in light of the nature of the information and the needs of the case.” However, the eight-month delay in objecting to the .TIFF production was considered to be ‘patently unreasonable’ and found to have effectively constituted a waiver. It is “unduly burdensome to a party months after production to require that party to reconstitute their entire production to appease a late objection.” Ford Motor Co. v. Edgewood Prop., Inc., No.06-1278, 2009 WL 1416223 (D.N.J. May 19, 2009).
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