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Pre Motion Requirements Adequate Failure

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Respondents have satisfied Md. Rule 2-402(b)’s pre-motion requirements sufficient to justify their initial failure to disclose electronically stored information. Specifically, promptly after receipt of 50NL’s subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: • “[Avpro] objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably available to the Witness or whose collection and review unreasonably burdens the Witness, a non-party. . . . [Avpro] objects to producing any documentation that is not contained within its business records. [Avpro] objects to producing text messages.” • “[Avpro] objects to the Subpoena as unduly burdensome to the extent that [50NL …show more content…

Md. Rule 2-402(b)(2). The merits of Respondents’ contentions are addressed in Parts I (B), infra. Nevertheless, the plethora of notice that 50NL has received regarding the grounds for Respondents’ objection is more than sufficient so as to permit this Court to reach the questions as to whether the requested discovery is unduly burdensome or costly, and whether 50NL’s need outweighs the burden and cost. II. The Discovery Requested by 50NL is Unduly Burdensome and Costly, and 50NL’s Need Does Not Outweigh Avpro’s Burden and Cost. The relevant inquiry in this matter is whether the discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has shown that its “need for the discovery outweighs the burden and cost of locating, retrieving, and producing the information.” Md. Rule 2-402(b)(2) (emphasis added). Notably, the plain and unambiguous text of this rule indicates that upon a prima facie showing of undue burden or cost, 50NL must affirmatively show that its need for the discovery outweighs Avpro’s burden and cost

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