W.E. Aubuchon Co. v. BeneFirst, LLC

Aubuchon (plaintiff) sued BeneFirst (defendant) for breach of fiduciary duty in administering employee medical-benefit claims and sought discovery of tens of thousands of claim forms, which BeneFirst had scanned electronically before destroying the paper originals; BeneFirst estimated retrieving all 34,112 forms would cost roughly $8,000 and 4,000 hours, though Aubuchon later narrowed its request to about 3,000 forms. After the court granted a motion to compel production, BeneFirst moved for reconsideration.

Whether a party may obtain an order compelling discovery of electronically stored information that is not reasonably accessible upon a showing of good cause.