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Race Tires America v. Hoosier Racing Tire Corp.

United States Court of Appeals for the Third Circuit
674 F.3d 158 (2012)


Race Tires America (RTA) (plaintiff) filed an antitrust suit against Hoosier Racing Tire Corp. and Dirt Motor Sports (defendants). With respect to the discovery of electronically stored information (ESI) sought by RTA, the court required the parties to agree upon keyword terms that the defendants would use to search for relevant materials. The defendants were then required to provide such materials to RTA after: (1) converting native files into Tagged Image File Format (TIFF), unless the files could only be viewed in native format; (2) converting VHS videos into DVD format; (3) providing various metadata; (4) organizing scanned material into documents with each page separately Bates-stamped; and (5) providing extracted text files or otherwise-searchable files for scanned documents. The defendants retained electronic-discovery vendors to collect their ESI, process it, search by keyword, separate privileged information, scan and convert native files into TIFF, convert scanned materials into text-searchable format, and convert videos from VHS into DVD format. [After the defendants were granted summary judgment, they were awarded, as “costs” under Federal Rule of Civil Procedure (FRCP) 54(d), $365,000 in payments to their electronic-discovery vendors. RTA appealed.]

Rule of Law


Holding and Reasoning (Vanaskie, J.)

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