In this case, the Court finds that Plaintiff has shown that the audio recordings sought by Defendants are not reasonably accessible because of undue burden. Plaintiff has adequately demonstrated, with affidavits, that it is unable to use software to separate relevant recorded sales calls from all other recorded calls. Assuming that each recorded call in Plaintiff's database is just one minute long, listening to 463,000 calls would require 7,716 hours. See Affidavit of Ron Prouse
[# 69–2] at 4, 12. Thus, working 40 hours per week, a person would need 193 weeks—nearly four years—to listen to every recorded call. See id.
Accordingly, the Court finds that Plaintiff has adequately demonstrated that listening to its entire database of recorded calls would be unduly burdensome. Moreover, although Plaintiff does not specifically address the cost of listening to all of its recorded calls, the Court finds that such cost is prohibitive. Even assuming that an individual could be hired at minimum wage ($7.36 per hour in Colorado, see
7 Colo.Code Regs. § 1103–1) to listen to the calls, a simple calculation shows that the cost of this project in wages alone would be more than $56,000.00. Finally, the fact that some telephone calls protected by the attorney-client privilege are intermingled with relevant sales calls in Plaintiff's database makes allowing a neutral third-party to listen to and sort the calls problematic. The Court concludes that the recorded sales calls sought by Defendants are not reasonably accessible because of undue burden and cost. See
Semsroth v. City of Wichita, 239 F.R.D. 630, 637 (D.Kan.2006) (noting that an electronic storage medium can be classified as inaccessible if it cannot be searched for relevant data); EEOC v. Boeing Co., No. CV 05–03034–PHX–FJM, 2007 WL 1146446, at *3 (D.Ariz. Apr. 18, 2007) (unreported decision) (noting that the court had previously denied a motion to compel production of emails because the estimated $55,000.00 cost of production was too high); Rodriguez–Torres v. Gov't Dev. Bank of Puerto Rico, 265 F.R.D. 40, 44 (D.P.R.2010) (denying a motion to compel production of ESI because the estimated $35,000.00 cost of production was too high); Johnson v. Nieman,
No. 4.09CV00689 AGF, 2010 WL4065368, at*1 (E.D.Mo. Oct. 18, 2010) (unreported decision) (finding that production of ESI would be unduly burdensome because it would require more than 15,000 hours of cataloging, restoration, and file conversion work).