In re ERISA LITIGATION 2013 WL 1187909 (D.Md.) 1. failure to prudently manage the plan fail to monitor fiduciaries 2. failure to avoid conflicts of interest 3. co-fiduciary liability this is about a retirement savings plan Plaintiffs allege: dismissed
February 9, 2007 to October 22, 2008 88 weeks plaintiff wants information from J F M A M J J A S ON D 2007 2008 defendant says that's too broad, how about 25 weeks.
January 1, 2008 through June 30, 2008 requested timeframe is overbroad...and would impose an undue burden on Defendants J F M A M J J A S ON D 2007 2008 defendant says that's too broad, how about 25 weeks. the burden of producing the (ESI)... outweighs any potential benefit Rule 26(b)(2)(C)(iii) requires that the court limit discovery if it finds this but the party must: 1 2 demonstrate the burden and provide alternatives it will cost $388,000 to process, host, and review the data. n/a
Court looked to Adair v. EQT Prod. Co. where the high cost of review created a burden. clawback provision privilege responsive $ Solution in that case: Court adopts this solution. 1
Adair v. EQT Prod. Co., 2012 WL 1965880 (W.D.Va. May 31, 2012) The only alternative offered was refined keywords the burden of review to plaintiff to inform the court whether the ESI produced was over-inclusive or under-inclusive. SHIFT If production is too broad, then refine keywords produce all 88 weeks 1 ed: this case and Adairare unique because they apply the 502 clawback standard to responsiveness, while apparently assigning a new burden to the receiving party