In Cody, et al. v. City of St. Louis, Missouri District Judge Audrey G. Fleissig denied the plaintiffs’ motion to compel the defendant’s production format of certain ESI in native format or with metadata, stating “the City produced ESI in the format reflected by the parties’ initial agreement without objection by Plaintiffs, for years”, but did direct the parties to meet and confer on potential production of metadata for a “limited list of particular documents” and “production of any remaining ESI in native format or with accompanying metadata going forward”.  Judge Fleissig also denied the plaintiffs motion for sanctions for spoliation and the defendant’s motion to compel discovery responses.

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