Court Admonishes Parties for "Armed Combatant" Approach to Discovery
B & B Hardware, Inc. v. Fastenal Co., 2011 WL 2115546 (E.D. Ark. May 25, 2011). In this discovery dispute, the plaintiff sought to compel production and requested a hearing to determine what the defendant had done to meet its obligation to produce responsive ESI, forensically image hard drives and conduct a search of 1,182 backup tapes (estimated to cost $84,854,704.90). Characterizing the plaintiff’s motion as peremptory, the court determined the plaintiff failed to abide by Local Rule 7.2(g) of the U.S. District Court for the Eastern District of Arkansas which requires attorneys to confer in good faith before filing a motion to compel. Further, the court noted the defendant produced approximately 31,000 documents within the response period, thus fulfilling its production obligations. Admonishing the plaintiff’s actions, the court declined to compel discovery or grant a hearing. Regarding the issues of forensic imaging and backup tapes, the court found the defendant sufficiently raised objections on the grounds of undue burden and scope, denied the motion and warned the parties to “act less like armed combatants and more like highly skilled professionals” going forward.