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Editor Bio
Gregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.
Court Sides With The Terminator In ESI Dispute
Posted by Gregg Mayer on Tuesday, April 1st, 2008
In a class action lawsuit involving California Gov. Arnold Schwarzenegger, a federal magistrate sided with Schwarzenegger in denying plaintiffs’ request to observe computer databases.
The lawsuit, L.H. v. Schwarzenegger, is a class action involving juvenile parolees suing California over the parole revocation process. Schwarzenegger, as governor, is one of the named defendants.
The plaintiffs wanted the defendants to demonstrate the capabilities of the Ward Information Network (WIN) and the Offender Based Information Tracking System (OBITS), both of which are relevant to the litigation. Moreover, the plaintiffs wanted a list of scheduled trainings and to attend the trainings for the use of those two systems.
The magistrate on March 20 denied the request, explaining other means were available to obtain the same information. For example, the plaintiffs could ask an official from the state during a deposition about how the systems work.
Consequently, the defendants do not have to perform a demonstration of the systems. On hearing the news, Schwarzenegger reportedly said: “Hasta La Vista, Baby.”
Plaintiffs, however, did win a smaller ESI victory. The magistrate ordered certain electronically stored information in databases – such as ESI relating to appeals of parole revocation – to be disclosed to the extent the defendants had not already turned it over.
Posted in: Electronically Stored Information
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