Indep. Mktg. Group v. Keen » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Indep. Mktg. Group v. Keen

Indep. Mktg. Group v. Keen

Case Date: 01/24/2012
Citation: 2012 U.S. Dist. LEXIS 7702
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Monte Richardson
Rule(s): Rule 34; Rule 37

Whether Defendant can compel the production of documents and demand sanctions when plaintiff produced documents in non-usable format without metadata and searchable terms and refused to produce documents in usable format claiming undue cost and burden.


The court granted in part and denied in part. First, the cost and burden of the plaintiff is outweighed by the benefit to the Defendant to review the documents for their defense. Second, the amount being claimed and the available financial resources of the plaintiff easily are more than the amount required to produce documents in usable format. Third, failing to provide documents would disadvantage and limit the Defendant’s potential defenses. Lastly, sanctions against the Plaintiff is too early and only a warning of possible sanctions for further violations is sufficient at the present stages of the case.

Relevant Documents:

Motion to Compel Production of Documents (Doc. 38)

Defendant’s Brief in Support of Their Motion to Compel Production of Documents (Doc. 38-1)

Plaintiff’s Brief and Opposition to Defendant’s Motion to Compel Production of Documents (Doc. 40)

Order (Doc. 43)

E-Discovery Issues: Motion for Sanctions, Motion to Compel
E-discovery Tags: Costs, Form of Production, Sanctions, Third Party, Vendor
E-discovery subjects: Electronically stored information

Published: November 16th, 2019

Category: Uncategorized

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