Hallmark v. Cohen & Slamowitz, LLP, NO. 11-CV-842W(F), 2016 WL 1128494 (W.D.N.Y. Mar. 23, 2016)

Key Insight: Court denied Defendant?s motion for protective order shifting the costs of producing inaccessible data as part of agreed upon sample set where Defendant failed to adequately establish the justification for cost-shifting by submitting broadly stated affidavit that provided no explanation re: source of affiant?s knowledge of his assertions or any explanation of what the term ?inaccessible? was meant to apply to (e.g., digitized records v. hard copy) and where affiant offered no justification for estimates re: required man hour or hourly rates; court indicated that even if Defendant had established its burden, application of the Zubulake factors re: cost-shifting favored Plaintiff

Nature of Case: FCDPA