Elysium's Response to Discovery Dispute in New York
Here is Elysium's response:
I don't find it convincing.
Elysium says that it's too early to be asking the Court for help -- they need to talk more.
In addition, it says the missing ads both are available and are not responsive. And other documents they failed to produce also were not responsive.
As for the stuff on ZenDesk, it's too bad that the ZenDesk output format is non-standard for eDiscovery providers (take note future defendants -- might be worth a premium!!!), but it's not worth breaking a COVID quarantine to take a look, and the stuff isn't that important anyway.
And as for the third party productions, of course the third parties would produce more, because Elysium only produced responsive documents, not every document.
So we'll see what His Honor thinks about that.