Date: 2007-06-29 Docket: M/C/1157/03 Lucie A. LaVigne J. | Link

Cost shifting issues. Retrieval of information from backup tapes. Failure to comply with a production order. Third motion dealing with discovery. Plaintiffs seeking declaration that defendants have not complied with the order, are in contempt and have abused the process of the court. Re computer access, defendants contend they no longer have a computer system and that documents are only available on backup tapes, even though plaintiffs had advised them from the beginning that they would be looking for electronic information. There are 427 backup tapes.