Extract from David Cohen’s article “Perserverance Required to Find Common E-Discovery Parameter”
In this breach of contract case, the defendant opposed the plaintiff’s motion to produce backup tapes based on the production being unduly burdensome and not proportionate to the needs of the case.
For about a year, the parties went back and forth to identify if the requested backup tapes could be restored and how much it would cost to do so. Thirteen meetings between the parties took place, which included discussions about:
- Extending e-discovery deadlines
- The defendant modifying the estimated cost of backup tape restoration from $332,400 to $584,300 to $12,968
- Misrepresentations about whether certain backup tapes held by the defendant were available or not
- Acquiring a consultant to examine the defendant’s backup tapes