Document Security Systems, Inc. v., Inc., 2015 WL 1189661 (W.D.N.Y. Mar. 16, 2015)

Key Insight: Cost of converting native email and other native files into imaged format for purposes of production was one of many items considered by the court in defendant?s application for costs following grant of summary judgment. Despite plaintiffs argument that the requested expenses should only be approved if they pertain to documents actually produced to Plaintiff, court was satisfied with defendant?s explanation that the costs were ?actually and necessarily incurred in responding to the Plaintiff?s discovery demands? and allowed recovery of defendant?s tiffing costs, even though Defendant could not ?state with certainty whether every document that was converted was actually turned over to Plaintiff as being responsive to a particular demand.?

Nature of Case: Breach of contract

Electronic Data Involved: Imaged native files

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