Dialing It In: E.D.N.Y. Denies Motion to Compel Production of Cell Phone for Forensic Examination Upon Mere “Speculation” That Metadata Was Deleted or Altered

This blog has previously noted the recent uptick of district courts authorizing forensic experts to conduct examinations and forensic imaging of cell phones to ensure the preservation and production of relevant electronic data. While we have discussed recent cases that have ordered such forensic imaging, such examination is not appropriate in every case and courts must continue to keep such “drastic” and “intrusive” discovery measures in check. In this regard, the District Court for the Eastern District of New York recently denied a defendant’s motion to compel the plaintiff to produce, for forensic examination, a cell phone that recorded videos already produced by the plaintiff in native format.