During a video hearing held this week related to discovery in the Acevedo v. eXp sexual assault case, a judge heard arguments to decide whether or not to grant a protective order that would prevent a forensic examination of eXp Founder & Chairman Glenn Sanford’s cell phone, with the defense arguing that the plaintiff’s request for electronically stored information (ESI) in order to review metadata does not outweigh Sanford’s right to privacy.
Judge Alicia Rosenberg granted the protective order without prejudice but stipulated that the defense must work with an ESI vendor to produce additional information that is pertinent to the case, including dates, times and deleted text messages. While Sanford has already produced dozens of pages of screen-shotted text exchanges with several of the accused defendants, plaintiffs attorneys argued that this process of “self collection” has proven insufficient.