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Oracle Corp. v. SAP AG

July 21, 2008

ORACLE CORPORATION, ET AL.,
v.
SAP AG, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Elizabeth D. Laporte United States Magistrate Judge

ELECTRONICALLY STORED INFORMATION

On July 3, 2008, the Court issued an order limiting custodian discovery to 120 custodians subject to proof from Defendants to support their representation that the estimated average cost of producing documents per custodian is $100,000. On July 8, 2008, Defendants' counsel Scott Cowan filed a declaration extensively detailing Defendants' costs relating to custodian discovery. The refined estimate of $96,021.00 per custodian as described in the Cowan declaration is very close to the estimate previously provided to the Court and conservatively excludes certain costs such as German language review. Therefore, the Cowan declaration adequately supports Defendants' initial representation to the Court. The Court reaffirms its decision that custodian discovery is limited to 120 custodians.

IT IS SO ORDERED.

20080721

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