In In re eBay Seller Antitrust Litigation, 2009 WL 3613511 (Oct. 28, 2009), District Court Judge Jeremy Fogel issued an order overruling eBay's objections to the magistrate judge's prior order requiring eBay to produce certain electronic data.

In this class action brought on behalf of eBay sellers, Magistrate Judge Richard G. Seeborg issued an August 17, 2009 order requiring eBay to produce compilations of transactional data.  Judge Seeborg rejected eBay's contention that the data was not reasonably accessible due to undue cost and burden. The district court, overruling eBay's objections, ruled the magistrate judge's ruling was not clearly erroneous given the uncertainly of eBay's cost estimates. The court further ruled that eBay's burden in creating an entirely new dataset of historical records did not excuse production.