RG Steel Sparrows Point LLC v. Kinder Morgan Bulk Terminals Inc., No. WMN-09-1668, 2016 WL 1377405 (D. Md. Apr. 7, 2016)

Key Insight: Court rejected reasoning that ESI-related costs were recoverable because ?the parties in this case agreed ? to the form of production for ESI? and found that ?the parties? stipulation regarding the production of ESI cannot make ESI-related costs ?necessary? ? unless the costs are copying costs? which the court was unable to discern from Plaintiff?s submission and thus the court declined to tax the ESI-related costs requested; court?s analysis noted 4th Circuit precedent indicating that ?making copies for purposes of cost recovery ? is expressly limited to the cost of converting native files to non-editable formats and copying those files onto discs.?

Electronic Data Involved: Taxable costs