Spears v. First Am. eAppraiseit, No. 5-08-CV-00868-RMW, 2014 WL 6901808 (N.D. Cal. Dec. 8, 2014)

Key Insight: Non-party JPMorgan Chase Bank moved for an order compelling Plaintiffs to reimburse Chase over $450,000 in costs for producing over 334,000 pages of documents. Chase sought reimbursement under FRCP 45(d)(2)(b)(ii); Plaintiffs argued Chase could not recover costs unless the production resulted from a court order. The Court found that a court order is not required to shift costs and that costs may be shifted under Rule 45(d)(2)(B)(ii) if the requesting party is on notice that the non-party will seek reimbursement of costs. The Court ultimately denied Chase?s motion, stating ?it would be unfair?to reimburse Chase for costs?where Chase failed to inform plaintiffs it would later seek reimbursement??

Nature of Case: RESPA class action

Electronic Data Involved: ESI