Civil Procedure Keyed to Subrin
Quinby v. WestLB AG
Over the span of several years, plaintiff claims gender discrimination occurred in her office. She was on a small team, where she felt the men left out the women. They left them out from information, meetings, bonuses and social events. She also alleges she was fired because she filed complaints with her human resource department on several occasions. At trial the plaintiff made a request that nineteen employee’s emails be searched for discriminatory statements against women and to show the men had been paid more. Of those 19, 8 are former employees. West has a practice of removing an employees emails to backup tapes upon an employee leaving. The backup tapes are not accessible. The defendant had to hire an outside vendor, Kroll, to search and restore emails from these tapes. Kroll went through 171 tapes and produced 59,653 documents for defendant. Kroll charged 181,013.28 to search and restore, he then charged 25% percent premium to expedite the process and an additional 5413.76 to format certain files. The defendant filed a motion to shift some of that cost to plaintiff.
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