In Bonn v. City of Omaha, 2009 WL 1740783 (D. Neb. June 18, 2009), the court granted plaintiff's motion to compel as it related to the production of certain documents, but limited the production of emails to those identified and produced in response to search terms provided by plaintiff.

In this action plaintiff alleged that she was wrongfully terminated after she completed and published a report critical of the Omaha Police department.  In discovery, plaintiff sought the production of "all E-mails sent to or from any E-mail box or tool registered, accessed or controlled by [two employees] which were sent in the two week period from 10/20/2006 through 11/3/2006" and "all correspondence between the Defendants ... and the Police Union or Police Chief dated or delivered during the period between October 15, 2006 and November 5, 2006."

Defendants contended that all communications between them and their union, the police department and other third parties was irrelevant to plaintiff's claims and that defendants had already retrieved and produced emails responsive to keyword searches proposed by plaintiff's counsel. The court denied plaintiff's motion for further electronic discovery based upon representations made by defendants' counsel as to the cost and burden of production, citing FRCP 26(b)(2)(B) and (C).  The court, however, ordered the defendants to produce all communications, excluding emails, between themselves and third parties as requested by plaintiff.  The court held that the keyword searches were sufficient and that defendants need not produce any further emails.