Date: 2009-9-23. Master Ronna M. Brott. | Link

The parties reached an agreement wherein: the parties would retain an independent computer consultant ("ICC") who would obtain a copy of the computer data ("the image"); an independent solicitor ("ISS") would review the documentation for relevancy and privilege; and the ICC would provide the defendants with a copy of the documentation, to be provided to the plaintiffs. The parties disagreed about who should pay for the ICC and the ISS: the defendants assert that the plaintiffs should pay because they are seeking the information, while plaintiff seeks to share the costs. Recognizing the proportionality principle to ensure that the costs of discovery do not unduly interfere with a just, speedy and inexpensive resolution of a dispute, and drawing on analogy to Rule 32, the court ordered the plaintiff to pay for the ICC, and that the costs for the ISS be split between the parties.