“To produce emails out of order would require either a deliberate—or at best, negligent—action on the part of the producing party to disorganize that which already exists in a chronological format,” Rosengart wrote. “Whether deliberate or not, Mr. Spears’s production made it unnecessarily difficult or impossible to review the documents and ask him questions about them at deposition. He therefore must be compelled to sit and answer questions under oath about his communications, now that they have been reorganized by this firm into coherent conversations.”
“Mr. Spears should be compelled to produce the passwords and sit for questioning about those documents — something that should have happened months ago,” the document reads.