Third party and requestor ordered to share costs of production from database created from backup tapes
Universal Delaware, Inc. v. Comdata Corp., 2010 U.S. Dist. LEXIS 32158 (E.D. Pa. Mar. 31, 2010)
Plaintiff voluntarily dismissed a third party without prejudice reserving a right to amend and rename the third party, while tolling the statute of limitations. The parties stipulated that the third party would preserve relevant evidence, respond in good faith to reasonable discovery requests, and would not object to discovery requests as a non-party for the purpose of delaying production past the deadline for amending the complaint.