Defendant Compelled to Restore and Produce Emails from Backup Tapes: eDiscovery Case Law
Defendant Compelled to Restore and Produce Emails from Backup Tapes: eDiscovery Case Law https://cloudnine.com/wp-content/themes/cloudnine/images/empty/thumbnail.jpg 150 150 CloudNine https://cloudnine.com/wp-content/themes/cloudnine/images/empty/thumbnail.jpgIn United States ex rel Guardiola v. Renown Health, Nevada Magistrate Judge Valerie P. Cooke concluded that emails contained on backup tapes held by the defendants was not reasonably inaccessible due to undue cost and, even if the emails were reasonably inaccessible due to undue burden or undue cost, “good cause supports their discoverability”. Also, after an analysis of cost-shifting factors found only one factor favored cost-shifting of the production of emails to the relator, Judge Cooke ordered the defendant to bear the cost of restoration and production.
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