In In re: Direct Southwest, Inc., Fair Labor Standards Act Litigation, 2009 U.S. Dist. LEXIS (E.D. Louis. Aug. 7, 2009), U.S. Magistrate Judge Sally Shushan denied defendants' motion for reconsideration for a protective order regarding plaintiffs' discovery requests for electronically stored information.

In its prior ruling, the court ordered defendants to certify that they conducted a complete search using the terms found on plaintiffs' search term list and produce all documents not previously produced or contained on defendants' privilege log.  On reconsideration, defendants contended that using plaintiffs' search term list would produce too many false hits and require them to incur costs of $100,000 to review and produce the information.  The court noted that the best resolution in this case would be for counsel to reach agreement on the search terms, citing The Sedona Conference Cooperation Proclamation.  In the absence of such cooperation, the court found that plaintiffs' list was more appropriate to the discovery at issue in the case and denied defendants' motion.