EQT PRODUCTION COMPANY v. TERRA SERVICES, LLC

Filing 253

ORDER indicating that after careful consideration of the parties' submissions and Special Master Ziegler's Order, Defendant Terra Services, LLC's Objections, (Docket No. 244 ), are OVERRULED, and Special Master Ziegler's Order dated March 15, 2017, (Docket No. 240 ), is AFFIRMED. (Details more fully stated in Memorandum Order). Signed by Judge Nora Barry Fischer on 4/19/2017. (sks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EQT PRODUCTION COMPANY,
Plaintiff,
vs.
TERRA SERVICES, LLC,
Defendant.

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Civil Action No. 14-1053
Judge Nora Barry Fischer

MEMORANDUM ORDER
Presently before the Court is Defendant Terra Services, LLC’s Objections to Special
Master Donald E. Ziegler’s Order dated March 15, 2017. (Docket No. [244]). Plaintiff EQT
Production Company has filed a response in opposition to Defendant’s Objections. (Docket No.
[249]). After careful consideration of the parties’ submissions and Special Master Ziegler’s
Order, and for the following reasons, Defendant’s Objections, (Docket No. [244]), are
OVERRULED, and Special Master Ziegler’s Order dated March 15, 2017, (Docket No. [240]),
is AFFIRMED.
In so holding, the Court notes that in his Memorandum Order No. 5, Special Master
Ziegler granted Defendant’s Motion to Compel the Production of Documents. (Docket No.
[240]). Specifically, Special Master Ziegler concluded that the benefits outweighed the costs of
requiring Plaintiff to review 18,000 additional documents. (Id. at 2-3). Special Master Ziegler
ordered Defendant to defray fifty percent of the costs, expenses, and counsel fees of Plaintiff, for
the renewed search, to which Defendant now objects. (Id. at 3; Docket No. [244]).
The plain language of Special Master Ziegler’s Order provides that Defendant “shall
defray fifty percent (50%) of the costs, expenses and counsel fees of EQT, for the renewed

search.”

(Docket No. [240] at 3 (emphasis added)).

Thus, in construing Special Master

Ziegler’s Order, the Court finds that the parties the costs, expenses, and counsel fees as to the
search of the additional documents — not as to the review of same — shall be borne evenly by
the parties. Plaintiff will be responsible for the costs associated with the review of the additional
documents. Such a ruling is consistent with the American Rule, which provides that “‘litigants
are responsible for their own litigation costs and may not recover them from an adverse party
unless there is express statutory authorization, a clear agreement of the parties, or some other
established exception.’” Wonderland Nurserygoods Co. v. Thorley Indus., LLC, No. 12-CV-196,
2017 U.S. Dist. LEXIS 15202, at *7 (W.D. Pa. Feb. 3, 2017) (quoting In re Farnese, 17 A.3d
357, 370 (Pa. 2011)). Special Master Ziegler’s Order is also consistent with Zubulake v. UBS
Warburg LLC, 216 F.R.D. 280 (S.D.N.Y. 2003), wherein the Southern District of New York
held that “[a]s a general rule, where cost-shifting is appropriate, only the costs of restoration and
searching should be shifted.” 216 F.R.D. at 290 (emphasis added).
For these reasons,
IT IS HEREBY ORDERED that Defendant’s Objections, (Docket No. [244]), are
OVERRULED, and Special Master Ziegler’s Order dated March 15, 2017, (Docket No. [240]),
is AFFIRMED.
s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
Dated: April 19, 2017
cc/ecf: All counsel of record

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