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Medtronic Sofamor Danek v. Michelson, et al. No. 01-2373-M1V, 2003 U.S. Dist. LEXIS 8587 (W.D. Tenn. |
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View Court Rulings
Court Rulings ZUBULAKE I, II, III In another case decided coincidentally on the same day as Zubulake, federal magistrate judge Diane Veskovo applied the eight-factor Rowe Entertainment test to determine the allocation of costs related to retrieval, review, and production of information residing on nearly 1,000 backup tapes. The volume of data, and the associated costs for retrieving and reviewing the data, is astronomical. Medtronic, the responding party, estimated that the tapes contained 61 terabytes of data, equivalent to more than 44 million 3.5" diskettes. Cost of retrieving and re-duplicating all of the data was estimated to be $4.3 million, and privilege review was estimated to cost between $16.5 million and $70 million. The opinion sets out a detailed protocol that includes keyword searching using agreed-upon terms, and a clawback provision for inadvertent privileged document productions. |
