In Sexton v. Lecavalier, No. 13-cv-8557 (S.D.N.Y. Apr. 11, 2014), the court ordered a third party to produce emails stored on Google’s Gmail service in a “functionally native” format.  The plaintiff issued a subpoena for the emails in the context of an arbitration.  The third party responded to the subpoena by forwarding emails from his Gmail account to the plaintiff’s attorney.  The third party contended that he could not produce the emails in “native” format because the emails were stored on the Gmail service.  The court held that although the third party “may lack access to the files as they originally exist on Google’s servers, this does not absolve him of his obligation to produce the documents in a reasonably usable format.”  Instead, a user of a third-party email service must download or export relevant emails from the service and produce the emails in a “functionally native format that preserves relevant metadata.”