Court Orders Sharing of Non-Party’s Discovery Costs, Cites Lack of “Spirit of Cooperation or Efficiency” as “Controlling Factor”
DeGeer v. Gillis, 2010 WL 5096563 (N.D. Ill. Dec. 8, 2010)
Defendants and non-party Huron Consulting Services, LLC could not agree on the proper course of discovery. After protracted communications consisting of accusations and demands, defendants sought to compel Huron to conduct additional searches for responsive ESI. The court found that some additional searching was warranted and ordered counsel to meet and confer in person to establish the proper scope. Citing the parties’ failure to cooperate as a “controlling factor” as to cost-shifting, the court ordered the parties to split the costs, with one exception.