Archive: March 29, 2012

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Following Comments on Cost Allocation, Court Orders Parties to Split Some Costs and that Plaintiff Post Bond to Receive other Requested Discovery

Following Comments on Cost Allocation, Court Orders Parties to Split Some Costs and that Plaintiff Post Bond to Receive other Requested Discovery

Lubber Inc. v. Optari, LLC, No. 3:11-0042, 2012 WL 899631 (M.D. Tenn. Mar. 15, 2012)

In this case, the court considered defendants’ motion for a protective order to restrict the relevant time frame for additional electronic searches and plaintiff’s motion to compel discovery in nine categories.  Upon consideration of the issues, the court denied defendants’ motion, but ordered the parties to split the expenses related to material not already produced.  Regarding plaintiff’s motion to compel, the court indicated its concern that “Plaintiff will be able to win on these issues” and therefore required that plaintiff post a $10,000 bond, intended to “allow the Plaintiff to secure this information if they wish to pursue this discovery, while at the same time offering some protection to the Defendants should they prevail.”

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