If you are having trouble shutting down a device running Windows, keep in mind that you can force a shut down in command prompt. The command:

shutdown /s /f /t 0

. . . will force a shutdown of a device that you can no longer control because it is caught in a cycle using too much of a system's resources. The /s switch shutdowns the computer; the /f switch closes all running applications; and the /t switch followed by a zero directs the shutdown to be implemented immediately.

Following the /t by a number will set the shutdown to occur in X number of seconds. So, shutdown /s /f /t 60 will shutdown your PC in one minute.

As always, tested and confirmed to work tonight.

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Earlier this year, Magistrate Judge Katharine Parker in, Nicolas v. Noom, Inc., No. 20-CV-3677 (LGS) (KHP), 2021 WL 948646 (S.D.N.Y. Mar. 11, 2021), ruled on the Plaintiffs’ motion to reconsider whether or not they should have access to documents linked to in Gmail messages and electronic files produced from Google Drive. The Plaintiffs contended that the links were attachments to the emails and other documents, and noted the lack of metadata allowing them to determine which linked documents went with which ‘parent’ documents.

The Plaintiffs’ e-discovery vendor estimates that Noom can collect the linked to documents in two weeks. Noom contested the idea that the links should be regarded as attachments and offered to assist the Plaintiffs in locating those which a search of the production did not uncover. It also rejected the request on the grounds that it was nor proportional to the needs of the case, submitting a statement from its expert that the cost of collecting the links would be $180K. It also asserted the the Plaintiffs’ tool, MetaSpike's Forensic Evidence Collector, would not do the job.

Magistrate Parker noted that the parties had previously agreed to the use of Google Vault to collect Noom’s files even though it would not collect the path for those files. But, the Plaintiffs objected to its use for collecting Gmail messages.

In deciding to deny the Plaintiffs’ motion, the Court cited Sedona Principle 6 that states a party is best situated to determine how to collect its own data, and also noted that the MetaSpike tool often stalled during collection. She also noted that the parties’ ESI protocol failed to describe links as document attachments, and concluded that, “It is clear to this Court that there was no meeting of the minds on whether hyperlinks were attachments and this Court, when entering the order, did not view hyperlinks to be attachments. While the protocol does reference ‘files with extracted embedded OLE documents, ‘ the Court understands this to refer to embedded, displayed documents such as a graph or a chart within a Word document or email—not hyperlinked documents. “ Id. at *3. In making her decision, she acknowledged that it may be necessary to re-balance proportionality considerations at some stage in litigation, and the requirement of Fed. R. Civ. P. 34 that ESI be produced in a reasonably usable format.

Magistrate Parker also faulted the Plaintiffs for failing to show how any of the linked documents were material to their cause of action. She noted that there was a process in place that will allow them to request missing linked documents, and that by asking for the linked documents they were unlikely to reveal their strategy. The parties already agreed that Vault was an acceptable collection tool and that some linked documents would have to be retrieved mulitple times. The failure of the Plaintiffs to specify how much and how long it would take to collect the linked to documents was crucial:

"Noom estimates the costs would be upwards of $180,000. Plaintiffs have not effectively countered these projected costs. Initially, Plaintiffs posited that what they requested would cost less than $5,000—a number that was not credibly supported by evidence. The recently submitted Declaration of Plaintiffs’ ESI expert Douglas Forrest also does not adequately address the issue of costs and delay. Forrest proposes that Noom could write a program to utilize Google's Application Programming Interface (“API”) to extract links to Google Drive documents from other Google Drive documents, emails, and Slack communications. (ECF No. 236.) He suggests that Noom's ediscovery programmers could create such a program within two weeks. While it may be true that creating such a program would cost far less than $180,000, the Forrest declaration does not address the time it would take to apply the program, load, and review the documents." Id. at *4.

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Note that the dtSearch index in Relativity is configured so that it will cutoff any words which are longer than 32 characters. For example, this string:


. . .is 38 characters long. It appears in the EDRM Enron email data set.

But if you run a dtSearch search to find it in the searchable extracted text of a workspace, you'll get no results.

Modify the search by simply searching for the first 32 characters:


. . . and the document in which it appears will come up in the search results:

It's not necessary to add an asterisk for a wildcard search after the 32nd character.

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Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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