Yellow Pages Photos, Inc. v. Yellow Book USA, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Yellow Pages Photos, Inc. v. Yellow Book USA, Inc.

Yellow Pages Photos, Inc. v. Yellow Book USA, Inc.

Case Date: 02/10/2009
Citation: 2009 U.S. Dist. LEXIS 141401
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Elizabeth A. Jenkins
Rule(s): Rule 26; Rule 34
Issues:

Whether the plaintiff is entitled to search Defendant’s database containing over 90,000 images for copies of copyrighted images not related to the claims in the complaint when one copyrighted image not related to the claim is found on the database, and whether the Defendant should be required to pay the costs of the search and production of copies for all the images on the database.

Resolution:

The courted granted the motion in part and denied in part. The court held that the plaintiff was not allowed to search the entire database for images not related to the claim. Since the claim did not include those images, the existence of one of thousands of plaintiff’s additional images does not constitute good cause to order a search for them. The Defendant will bear the costs of the forensic examination of their database by the plaintiff. The costs of producing copies of each image on the database and providing a searchable format for the plaintiff are not an undue burden considering the amount in controversy and the scope of images on the databases.

Relevant Documents:

Motion to Compel (Doc. 23)

Declaration of W. Trent Moore (Doc. 24)

Response to Motion to Compel (Doc. 29)

Order on Motion to Compel (Doc. 37)

E-Discovery Issues: Motion to Compel
E-discovery Tags: Forensic Analysis/Examination
E-discovery subjects: Database, Electronically stored information

Published: November 16th, 2019

Category: Uncategorized


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