Hagemeyer North America, Inc. v. Gateway Data Sciences Corporation
United States District Court for the Eastern District of Wisconsin
222 F.R.D. 594 (2004)
Hagemeyer North America, Inc. (Hagemeyer) (plaintiff) sought various items of discovery from Gateway Data Sciences Corporation (Gateway) (defendant), including emails containing specified search terms and documents maintained in computer-backup tapes. Gateway objected on the grounds that restoring the documents on the backup tapes and searching the emails was unduly burdensome and expensive. Due to the unique characteristics of backup tapes and the onerous requirements of maintaining and operating the voluminous data, restoring the backup tapes called for extensive time and labor. Hagemeyer offered to pay for searching the tapes only. Gateway rejected that offer, stating that the restoration and search costs should be shifted entirely to Hagemeyer. Hagemeyer motioned to compel Gateway to produce the requested discovery. Gateway opposed the motion, arguing that Hagemeyer, as the requesting party, should bear the entirety of the costs of the discovery.
Rule of Law
Holding and Reasoning (Randa, J.)
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