Production Format Requests Matter: Are You Asking for What You Need?

Metadata Starts at the Meet and Confer

Creating an agreeable eDiscovery protocol is important for both protecting your client from unnecessary or overly burdensome production requests and helping you obtain the information needed to analyze the claims. Selecting metadata may seem like a small part of the meet and confer process, but it can have lasting consequences. Requesting the right metadata upfront can determine what information you receive later in discovery. Failing to request something early can bar you from receiving valuable information you might have otherwise been entitled to received.

What Happened in EEOC v. Alto Ingredients

In EEOC v. Alto Ingredients, Inc., No. 1:24-cv-01269-JEH-RLH (C.D. Ill. Jan. 9, 2026), the EEOC made a request for files related to an individual who was at the subject of a wrongful termination action. At deposition, E-Mails not produced by Alto Ingredients were identified, leading to a motion by the EEOC requesting that Alto Ingredients “produce all the in full compliance with Rule 34 and the EEOC’s requests.”

The Federal Rule of Civil Procedure 34(b)(2)(E) requires that all documents be produced as they are kept in the ordinary course of business and does not specifically address metadata. In this case, Alto produced the documents as natives and did not provide any metadata which would be identified during processing. Given this, the court found that since the requests made by the EEOC did not specifically request that metadata, there was no requirement to produce the documents with metadata when the native versions of the files would suffice.

Don't Leave Metadata to Chance

This ruling by the court highlights the importance of correctly identifying your metadata and other needs during the initial meet and confer. Failing to identify key metadata or other relevant information upfront can lead to an inability to get evidence that would make it easier to prove points or better understand the information that the opposing party has provided, not to mention the additional costs associated with litigating these points. By identifying these potential issues and resolving them early in the process, you will be better position to litigate your factual matter and spend less time worrying about the deficiencies that can derail your process.