In Flying J., Inc. Tch LLC, et. al. v. Pilot Travel Centers, LLC, et. al., 2009 U.S. Dist. LEXIS 55281 (D. Utah, June 25, 2009), U.S. Magistrate Judge David Nuffer granted defendant Comdata's motion to compel production of plaintiffs' transaction databases and further ordered plaintiffs to search emails using defendant Comdata's search terms.

Defendant Comdata moved to compel plaintiffs to produce their transaction databases related to several fuel payment cards.  In addition, Comdata requested that plaintiffs produce emails responsive to 28 new search terms proposed by Comdata.  Plaintiffs objected that production of the databases would be unduly burdensome and made similar objections to the search terms noting that plaintiffs had previously run search terms for the other defendants and that Comdata chose not to participate.

The court granted Comdata's request for production of the database information ruling that plaintiffs had failed to provide any evidence of undue burden.  The court further granted Comdata's request that plaintiffs produce emails responsive to its search terms.  However, the court ruled that some of the search terms were ambiguous or duplicative to prior searches and ordered Comdata to provide justification for its requested terms and ordered plaintiffs to either agree with the search term or object.