Production of Email in Discovery Authenticates the Email

Bruno v. AT&T Mobility, LLC, 2011 U.S. Dist. LEXIS 59795 (W.D. Pa. June 3, 2011):

Plaintiff argues that the series of emails between Ms. Menster and Mr. Thomas have not been properly au-thenticated. *** "A party to litigation that produces documents during discovery in that litigation thereby authenticates the documents it has produced." Rouse v. II-VI, Inc., Civ. No. 06-566, 2008 U.S. Dist. LEXIS 10076, at *2 (W.D. Pa. Feb. 11, 2008) (citing McQueeney v. Wilmington Trust Co., 779 F.2d 916, 928 (3d Cir. 1985)). Here, it is undisputed that the emails in question were produced by Defendant during discovery in this lawsuit. *** Moreover, these emails were authenticated by Mr. Thomas during his deposition. *** Thus, the Court overrules Plaintiff's objection and will consider the email chain between Ms. Menster and Mr. Thomas.

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