A Good Cause Metadata Nursery Rhyme

“A Plaintiff sought the production of metadata of a Word document that was created after the commencement of the lawsuit. The Word document was the Chinese translation of hours the Plaintiff, a nanny and housekeeper, worked for the Defendants. . . The Court held the Plaintiff to make a showing of good cause, because the ‘handwritten notes are controlling as to any discrepancy, and no question that the Word document Bates-stamped J00001 – J00101 was created after commencement of this action, production of the requested metadata would appear to be unnecessary.’ Generally speaking, parties are able to make a good cause showing for metadata associated with native files. This case was different because the native file was a post-litigation translation of handwritten Chinese. There was not an issue with the original document, thus any differences between the native file and the handwritten record would favor the original document.”