In In re: Application of Operadora DB Mexico, S.A. De C.V., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), U.S. Magistrate Judge Gregory J. Kelly ordered a subpoenaed party to produce readily available electronic information and to meet and confer with the subpoena issuer regarding information that may not be reasonably accessible without undue cost or burden.

Operadora DB Mexico, S.A. De C.V. ("Operadora") filed an Ex Parte Verfied Application for Order Directing Hard Rock Café International ("HRCI") to Respond to Discovery.  Operadora sought a subpoena to conduct discovery relevant to a franchising dispute currently in arbitration proceedings in Mexico.  HRCI sought to quash the subpoena or otherwise limit discovery, including the discovery of archived electronically stored information ("ESI") under FRCP 26(b)(2)(C).  While HRCI had produced such information in connection with unrelated litigation, the opposing party incurred the substantial cost in connection with searching for relevant information.  The court ruled that HRCI had made a preliminary showing that the discovery of archived information would be costly and unduly burdensome.  To the extent HRCI had documents readily available in electronic format, HRCI was ordered to produce those documents pursuant to the subpoena.  HRCI was further ordered to meet and confer in good faith to resolve the dispute over archived ESI.