In re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation

2011 WL 6372826 (2011)

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In re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation

United States District Court for the Southern District of California
2011 WL 6372826 (2011)

RW

Facts

A group of consumers (plaintiffs) brought a federal antitrust action against the National Association of Music Merchants, Musical Instruments and Equipment (association) (defendant). At the outset of discovery, the association offered to meet and confer on the keywords to be used in searching association databases for relevant and discoverable electronically stored information (ESI). The consumers declined this offer. The association ran an initial search against a set of keywords that proved to be too narrow. The association agreed to a broader set of keywords and ran a second search, at considerable expense. The second search produced a significant amount of new ESI, but the consumers were still dissatisfied with the results. The consumers requested a third search employing abbreviations and acronyms in common use among the association’s members. The association rejected this request, citing the expense of a third search and the unlikelihood that such a search would discover a significant amount of additional, relevant ESI. The consumers moved to compel a third search.

Rule of Law

Issue

Holding and Reasoning (Porter, J.)

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