In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or burdensome.  And, if the related costs are something like .025% of the amount in controversy, well, it’s probably time to back up the virtual truck, provide the data and cut a check  U.S. Magistrate Judge Michael A. Hammer in New Jersey reached this conclusion in a breach of contract case where the defendant requested a protective order relating to 67 keyword searches of its data.  Juster Acquisition Co., LLC v. North Hudson Sewerage Authority, 2013 U.S. Dist. LEXIS 18372 (D.N.J. 2013).  Saying it already produced 8,000 printed pages of material to the plaintiff, the defendant felt it had already satisfied the plaintiff’s request.  The defendant also asked that the court direct the plaintiff to pay for digital searches, which the defendant said were broad and vague  — therefore the information was not easy to get.

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