Quinby v. WestLB AG
United States District Court for the Southern District of Missouri
245 F.R.D. 94 (2006)
- Written by Shelby Crawford, JD
Facts
Quinby (plaintiff) filed a gender discrimination claim against her former employer, WestLB AG (defendant). Quinby requested that WestLB AG (West) produce all emails from 19 current and former West employees that contained certain search terms. West objected on the grounds that the request was overly broad and unduly burdensome. The parties went to the magistrate judge to resolve their disagreement over the scope of electronic discovery. The judge limited the request to 17 employees and fewer search terms. It was West’s routine to delete an employee’s emails from the accessible database when the employee left West. West stored former employees’ emails only on backup tapes. West had to restore backup tapes to produce the requested emails from six former employees. West hired a consultant (Kroll) to restore and search the backup tapes. Kroll charged West $181,013.28 to restore and search the tapes, a 25 percent premium to expedite, and $5,413.76 to produce some emails in a different format. West moved to shift the cost of obtaining the emails of these six former employees from the backup tapes. The court granted West’s motion to shift the cost of the electronic discovery in part, allowing West to get back 30 percent of what it cost to produce one of the employee’s emails from the backup tapes.
Rule of Law
Issue
Holding and Reasoning (Pitman, J.)
What to do next…
Here's why 789,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.