NANCY J. KOPPE, Magistrate Judge.
Before the Court is Plaintiffs' Motion to Compel Discovery Responses from Defendant Sanofi-Aventis U.S. LLC (#103). The Court has considered the Plaintiffs' Motion (#103), the Defendant Sanofi-Aventis' Response (#111), and the Plaintiffs' Reply (#112). The Court finds this motion appropriately resolved without oral argument. See Local Rule 78-2.
The Plaintiffs filed this case in the District Court of Clark County, Nevada, on or around February 29, 2012. Complaint (#1-1). The Defendants petitioned for removal to the United States District Court for the District of Nevada on March 27, 2012. Petition for Removal (#1). On or around July 6, 2012, the parties began discovery. See Proposed Discovery Plan/Scheduling Order (#33).
On March 21, 2013, the Plaintiffs filed a motion to compel arguing that Sanofi-Aventis has not properly responded to their discovery requests because Sanofi-Aventis did not provide an index for the documents it did produce and it failed to indicate which documents were responsive to which requests. Docket no. 96. Sanofi-Aventis responded that, in compliance with Fed.R.Civ.P. 34, it produced documents as they are kept in the usual course of business. Additionally, Sanofi-Aventis argued, not only had it provided an index, but it also produced the documents in a text-searchable format. Docket No. 97. The Court reviewed the parties' arguments and on April 16, 2013, it denied the Plaintiffs' motion for failure to meet and confer. Docket No. 100. The Court instructed the parties to meet and confer in good faith by discussing the merits of each argument in an effort to resolve the dispute without further Court involvement. Id. Subsequently, the parties met and conferred and were not able to reach a resolution.
On May 22, 2013, the Plaintiffs re-filed their Motion to Compel seeking a court order compelling Sanofi-Aventis to indicate by bates number which documents respond to which requests for production. Docket No. 103. Sanofi-Aventis responded that it has already produced the documents requested by the Plaintiffs and it has done so in a proper format.
Thus, when producing documents, a party must either organize the documents as they are kept in the usual course of business
Here, the Plaintiffs do not dispute that Sanofi-Aventis may produce documents as they are kept in the usual course of business. However, the Plaintiffs argue, Sanofi-Aventis has failed to organize the documents in a manner that allows them to reasonably determine which documents are responsive to which request. Thus, the Plaintiffs assert, Sanofi-Aventis "should be required to state exactly which request the [documents produced by Sanofi-Aventis] respond to." Docket No. 103, at 6.
Sanofi-Aventis contends that it was permitted under Rule 34 to produce documents as they are kept in the usual course of business
In Reply, the Plaintiffs do not dispute that the documents are organized in the manner that Sanofi-Aventis says they are organized. However, the Plaintiffs assert, they have no means of knowing whether the documents are actually responsive to their discovery requests. Thus, they argue, Sanofi-Aventis should be ordered to provide bates stamp numbers which correspond to each request for production. Finally, the Plaintiffs argue that Sanofi-Aventis' organization is not sufficient because they conducted a single search of the documents and were not lead to the precise information they were seeking.
The Court, having reviewed the matter, finds that the organization of Sanofi-Aventis' document production complies with Rule 34. First, Sanofi-Aventis provided a table of contents with the documents that it produced. The table of contents describes the types of documents and the volume and page number where those documents are located. Additionally, each volume number is readily identifiable via cover sheet. Second, Sanofi-Aventis has provided metadata for all the documents, which allows the Plaintiffs to identify the documents by bates range, file path, and document title. Third, all but 33 documents are text searchable. Thus, if the Plaintiffs make a reasonable effort, they should be able to obtain the documents responsive to their requests.
Nevertheless, the Court also finds that Sanofi-Aventis' responses to the requests for production are deficient in that they create unnecessary obstacles for the Plaintiffs. Although Sanofi-Aventis does not have to organize and label its responses to correspond to the categories in the request, because it correctly produced documents as they are kept in the usual course of business, it still must indicate whether the documents it produced are actually responsive. The Plaintiffs should not have to guess which requests were responded to and which were not. Accordingly, to the extent that the Plaintiffs' motion seeks to determine whether the documents produced by Sanofi-Aventis are actually responsive to the Plaintiffs' discovery requests, it is granted.....
Based on the foregoing, and good cause appearing therefore,
IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Discovery Responses from Defendant Sanofi-Aventis U.S. LLC (#103) is
IT IS FURTHER ORDERED that to the extent that the Plaintiffs motion seeks to determine whether the documents produced by Sanofi-Aventis are actually responsive, it is
IT IS FURTHER ORDERED that to the extent that the Plaintiffs motion seeks an order compelling Sanofi-Aventis to identify which documents are responsive to which request, it is