In Alexa v. City of Ann Arbor, the U.S. District Court for the Eastern District of Michigan addressed multiple discovery disputes arising from litigation over the City’s COVID-19 vaccination policy. The court largely upheld a Special Discovery Master’s rulings concerning document production formats, privilege claims, and requests for text messages stored on employees’ personal devices. Most notably, the court found that the plaintiffs failed to establish that work-related text messages on city employees’ personal phones were within the City’s possession, custody, or control because there was insufficient evidence that City policies gave the City a legal right to obtain those communications.
The court also rejected challenges to the City’s production of documents in searchable PDF format, finding that the production complied with the parties’ agreed discovery protocol and that allegations of a “document dump” were unsupported. In addition, the court upheld most of the City’s attorney-client privilege assertions after conducting a detailed review of disputed communications, while ordering production of a limited number of documents that were not protected by privilege or work-product doctrine.
For eDiscovery and litigation teams, this decision highlights the importance of clearly defining ESI protocols, understanding the limits of possession, custody, and control over employee-owned devices, and maintaining defensible privilege review processes. As disputes involving personal devices and workplace communications continue to increase, courts remain focused on whether organizations have a demonstrable legal right to access employee-held data before compelling production.
If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Nicole Gill, Chair, Managing Member CODISCOVR. With almost a decade of experience, she manages complex and high-profile eDiscovery projects and routinely navigates data and privacy protection laws across many domestic and foreign jurisdictions.
