MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 307

RESPONSE in Opposition re #297 First MOTION to Compel filed by DUKE UNIVERSITY. Replies due by 11/2/2012. (Attachments: #1 Exhibit 1- Email from Ms. Wells to Mr. Ekstrand, #2 Exhibit 2- Transcript from Rule 26(f) Conference, #3 Exhibit 3- Email from Mr. Ellis to Mr. Ekstrand, #4 Exhibit 4- Dukes Responses to Plaintiffs First Requests for Production, #5 Exhibit 5- Dukes Responses to Plaintiffs Third Requests for Production, #6 Exhibit 6- Dukes Responses to Plaintiffs First Set of Interrogatories, #7 Exhibit 7- Dukes Amended Responses to Plaintiffs First Set of Interrogatories, #8 Exhibit 8- Dukes First Supplemental Response to Plaintiffs Third Requests for Production, #9 Exhibit 9- Dukes Responses to Plaintiffs Fourth Requests for Production, #10 Exhibit 10- Dukes Responses to Plaintiffs Second Set of Interrogatories, #11 Exhibit 11- Subpoena to Richard Brodhead, #12 Exhibit 12- Duke Universitys Response to Plaintiffs First Requests for Admissions)(SUN, PAUL)

EXHIBIT 2

McFadyen v. Duke; Carrington v. Duke

August 31, 2011
Page 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN McFADYEN, et al.,
Plaintiffs,
vs.

CIVIL ACTION NUMBER
1:07-CV-00953

DUKE UNIVERSITY, et al.,
Defendants.
- - - - - - - - - - - - - EDWARD CARRINGTON, et al.,
Plaintiffs,
vs.

CIVIL ACTION NUMBER
1:08-CV-00119

DUKE UNIVERSITY, et al.,
Defendants.

BEFORE:

THE HONORABLE JUDGE DIXON

TRANSCRIPT OF HEARING ON MOTION TO CONSOLIDATE
TRANSCRIBED FROM AN OPEN-MICROPHONE RECORDING

At Durham, North Carolina
August 31, 2011 - 9:05 a.m.
Capital Reporting, Inc.
[phone]

Transcribed by:
Edie B. Chiavatti

McFadyen v. Duke; Carrington v. Duke

August 31, 2011

Page 37
1

THE COURT:

And if names crop up during

2

discovery as discovery goes forward, then you'll add that

3

-- those names to that list, correct?

4

MS. WELLS:

Certainly, Your Honor.

And

5

I think that's an important point to deal -- when you

6

start with the 18.

7

police officers that we believe have relevant information

8

on that.

9

involvement of other people or if during a deposition

10

it's determined that somebody else played a key role,

11

certainly their data would not have been destroyed.

12

can be processed and searched at that point.

13

THE COURT:

14

MR. THOMPSON:

For example, we would identify the

If their e-mails and their documents show the

It

What's wrong with that?
Your Honor, I believe if

15

we are allowed to get the e-mails of everyone we're

16

deposing -- let's say of 60 individuals -- and then we

17

can add incrementally in discovery as we find additional

18

people, we could live with that, Your Honor.

19

MS. WELL:

20

THE COURT:

Go ahead.

21

MS. WELLS:

-- getting into the weeds a

Your Honor --

22

little bit, and I may need to turn over the floor to Mr.

23

Falcone.

24

on the ESI issues.

25

from our vendors for -- and that we have made ourselves

He works with us.

He's much more knowledgeable

But the estimates that we have gotten

Capital Reporting, Inc.
[phone]

McFadyen v. Duke; Carrington v. Duke

August 31, 2011

Page 38
1

for preserving and processing the data for the 18 that we

2

have identified, which is almost a terabyte of data, the

3

costs just for processing and storing that information

4

for one year -- and this litigation has already been

5

going on for many more years than that.

6

between $762,000 and $1.5 million just for processing and

7

storing that.

8

more millions.

9

and --

The cost ranges

And the costs of reviewing that go into
Your Honor, that is incredibly burdensome

10

THE COURT:

And I would agree and don't

11

-- don't the cases say, however, that you demonstrate

12

that burden, you're relieved of some of this

13

responsibility, or you can pass it off or give him, the

14

other side, the opportunity to do their own work in

15

storing and processing?

16

MS. WELLS:

Yes, Your Honor.

And if Mr.

17

Thompson would give us those 60 names within a reasonable

18

time, we would be prepared to do that and come to the

19

Court with those specific costs that would be incurred by

20

Duke if we are obliged to do for the 60 that he

21

mentioned.

22

THE COURT:

23

MR. EKSTRAND:

24
25

All right.
Your Honor, we would ask

that [inaudible].
I want to make a very specific point.
Capital Reporting, Inc.
[phone]