Cost-shifting
N.D. Cal. Relies on Federal Circuit’s Model eDiscovery Order to Craft Search Protocol Significantly Narrowing Third-Party Subpoena
Last week, U.S. Magistrate Judge Paul S. Grewal relied on the Federal Circuit’s recently-released model eDiscovery order for guidance in crafting a limited search protocol that significantly narrowed the terms of a subpoena served by plaintiff Software Rights Archive LLC (“SRA”) on non-party Kleiner Perkins Caufield and Byers (“KPCB”). In re Google Litig., Case No. C 08-03172 RMW (PSG), 2011 U.S. Dist. LEXIS 140656 (N.D. Cal. Dec. 7, 2011). (more…)
Tags: Cost-shifting, Proportionality, Search protocol, Subpoena
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Federal Circuit Addresses eDiscovery Cost Recovery by Prevailing Parties
In a Nov. 23, 2011 decision that adds to the growing body of case law supporting the recovery of eDiscovery costs by prevailing parties under Fed.R.Civ.P. 54(d) and 28 U.S.C. § 1920(4), the Court of Appeals for the Federal Circuit held that although “the costs of producing a document electronically can be recoverable under section 1920(4),” the parties’ cost-sharing agreement precluded the prevailing parties’ claim for $234,702.43 of the $235,281.03 in costs they paid to Stratify for use of its ESI-review software. In re Ricoh Co., Ltd. Patent Litig. (Fed. Cir. Nov. 23, 2011). (more…)
Tags: Bill of costs, Cost-sharing, Cost-shifting, Costs, Prevailing party, Taxation
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