DeGeer v. Gillis
United States District Court for the Northern District of Illinois
755 F. Supp. 2d 909 (2010)
Facts
Randall DeGeer (plaintiff) sued M. Scott Gillis (defendant) for various federal employment-law violations. Pursuant to Federal Rule of Civil Procedure 45, Gillis subpoenaed nonparty Huron Consulting Services LLC (Huron) for potentially relevant electronically stored information (ESI) in Huron’s possession. Lawyers for Gillis and Huron exchanged many letters and emails relating to the scope of discovery, but Huron did not fully disclose the identity of its ESI custodians or the search terms it intended to use, and Gillis failed to suggest custodians or search terms that could be most useful in producing relevant ESI. Huron conducted a massive and expensive search for responsive ESI. Gillis was disappointed with the results and moved to compel a second search. Huron objected to the additional costs of a second data sweep. Gillis responded that Huron’s initial discovery costs were high only because Huron failed to focus its search on relevant custodians and search terms.
Rule of Law
Issue
Holding and Reasoning (Nolan, J.)
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