In Lundine v. Gates Corp., Kansas Magistrate Judge James P. O’Hara, depicting the situation as a “classic case of what happens when lawyers (even good, experienced lawyers such as those involved here) don’t spend the requisite time on the front end of a case nailing down how discovery of ESI will be handled”, denied the plaintiff’s motion to compel production of data in Excel or native format, as well as the request for plaintiff’s experts to retrieve the data under defendant’s supervision.
