In re Subpoena Am. Nurses Assoc., Nos. 15-1481, 15-1803, 2016 WL 1381352 (4th Cir. Apr. 7, 2016)

Key Insight: Circuit Court affirmed District Court?s order shifting a third party?s attorney?s fees ?that [were] necessary to a discovery proceeding under Rule 45,? but declined to shift attorney?s fees incurred in furtherance of the motion to shift expenses where such fees were not ?not necessary to [the third party?s] compliance with the discovery order as they were incurred after discovery was completed and as a result of [the third party?s] effort to recover fees, rather than in an effort to produce discoverable material?; Circuit Court also affirmed order shifting expenses for e-Discovery services where the Magistrate Judge found that ?(1) ANA advised Appellants that producing the requested discovery would entail significant expense; (2) Appellants were dilatory in communicating with ANA after the district court ordered discovery; and (3) Appellants changed the scope of the requested discovery, increasing BIA?s charges.?

Nature of Case: Third party subpoena/ cost shifting / taxable costs

Electronic Data Involved: ESI

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