In re eBay Seller Antitrust Litig., 2009 WL 3613511 (N.D. Cal. Oct. 28, 2009)

Key Insight: Where, in support of its argument that production would be unduly burdensome, eBay provided ?uncertain? estimates of the cost that varied drastically, court held that ?without any clear indication that the costs would be unduly burdensome? the magistrate?s order to compel production was not clearly erroneous; citing Fed. R. 34 for the proposition that the civil rules contemplate the production of information from dynamic databases and case law addressing the same, court held that magistrate did not clearly err in concluding that ?the technical burden to eBay of creating a new dataset for the instant litigation does not excuse production.?

Nature of Case: Antitrust litigation

Electronic Data Involved: Contents of database