Cenveo Corp. v. Southern Graphic Systems et. al., 2009 WL 4042898 (D.Minn. Nov. 18, 2009), U.S. Magistrate Judge Arthur J. Boylan granted defendants' motion to compel documents in their native format holding plaintiff failed to produce the documents as requested by defendants and further failed to timely object to a native production.

In response to defendants' request for production of certain electronically stored information, plaintiff produced documents in a static image format (PDF).  Defendants moved to compel production of documents in their native format as specified in their request for production.  Plaintiff maintained that it had properly produced documents in a "reasonably usable form" as required in FRCP 34.

However, the court noted that defendants specifically requested documents in their native format and plaintiff never objected to this requested format as required under Rule 34.  Therefore, the court ordered plaintiff to produce (and reproduce as necessary) responsive documents in their native format.