Zubulake v. UBS Warburg (Zubulake III)
United States District Court for the Southern District of New York
216 F.R.D. 280 (2003)
- Written by Rich Walter, JD
Facts
Laura Zubulake (plaintiff) earned $650,000 per year in her work for UBS Warburg LLC (UBS) (defendant). When Zubulake lost her job, she sued UBS in federal court, alleging illegal discrimination and seeking approximately $19 million in damages. Zubulake filed a narrowly drawn motion to compel UBS’s production, at UBS’s own expense, of UBS backup emails that were no longer accessible through other means and that were potentially highly relevant to the case. Restoring the backup tapes would require an extraordinary expenditure, possibly amounting to almost $166,000. UBS countered Zubulake’s motion by moving for a protective order shifting the costs of production to Zubulake.
Rule of Law
Issue
Holding and Reasoning (Scheindlin, J.)
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