In Fenty et al v. Penzone et al, the defendant failed to fully comply with the magistrate judge's order to deduplicate their email production. When the plaintiffs raised the issue, the magistrate ordered the defendant to perform threading of responsive emails and ordered the parties to split the $1400 cost to complete the process. The district court affirmed the magistrate's order.
NPAP's brief focuses on how this order could deter indigent clients from bringing civil rights cases in the future (or at least chill them from aggressively pursuing the information they are entitled to in discovery).
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