Knauf Insulation, LLC v. Johns Manville Corp., No. 1:15-cv-00111-WTL-MJD, 2015 WL 7089725 (S.D. Ind. Nov. 13, 2015)

Key Insight: Where Defendants identified 38 potential email custodians who may possess relevant ESI but proposed to load the emails of only ten custodians to save money and ?facilitate the predictive coding process? and where Plaintiff indicated that Defendant refused to informally disclose information sufficient to evaluate the importance of each custodian, the court briefly opined re: e-Discovery and the lack of any guarantee that all relevant documents will be found and then, reasoning that it had no evidence with which to weigh the likelihood that the 28 ?tangential custodians? would have relevant information but that in ?a high value? case the burden of $18,000 (the amount Defendant proposed to save) did not outweigh the potential benefit to Plaintiff of receiving the emails, declined Defendants? request to limit custodians; regarding cost-shifting, the court ordered that if the search of the 28 additional custodians returned fewer than 500 responsive documents Plaintiff would bear the cost of loading the materials but that if more than 500 were identified, Defendant would bear the costs

Nature of Case: Patent infringement

Electronic Data Involved: Email