NORTH HUDSON SEWERAGE AUTHORITY Juster Acquisition Co vs. 2013 U.S. Dist. LEXIS 18372 (D.N.J. 2013) February 11, 2013 -NHSA- Deal is made for Juster to refinance NHSA
Things, as they do, fall a Juster puts in time and effort to create a plan, Juster 1 FACTS par t
NHSA takes the plan and closes the deal without Juster. NSAH 2
Juster says we had a Term Sheet NHSA says no way. exclusivity provision with an 3 4 no & no
49 requests for documents 67 search terms Plaintiff's First Production Request
regarding the 67 terms, NHSA requests protective order or 1 2 cost shifting The search terms are vague and broad We already produced 8,000 pages
Court says: Noprotective order Nocost shifting responding party pays for discovery shift costs only when data is failedto show that ESI is either category two categories: tapes damaged data inaccessible and and no protective order because:
ato provide any law or analysis in support of their argument b FAILED: NHSA to show how it would be unreasonably cumulative or duplicative
cto confer or attempt to confer (26)(c)(1)
protective order cost shifting