Wells Fargo Bank, N.A. v. LaSalle Bank Nat?l Ass?n, 2009 WL 2243854 (S.D. Ohio July 24, 2009)

Key Insight: Where plaintiff filed a motion to compel (or for sanctions) following its discovery that defendant failed to search a number of backup tapes and failed to maintain all tapes which may have contained responsive ESI, court denied the motion upon finding that burden of restoration of the tapes was ?disproportionate to the likely utility of doing so? and because LaSalle had a practice of printing and filing important emails; court also noted the parties? failure to adequately confer regarding the discovery of ESI

Electronic Data Involved: Backup tapes