In Malone v. Kantner Ingredients, Inc., No. 12 CV 3190 (D. Neb. Mar. 31, 2015), the plaintiff sought to require the defendants to pay for a forensic review of the defendants’ electronic servers, arguing that the defendants had botched prior document productions.  The district court denied the motion, holding that the plaintiff had shown only that the defendants made some mistakes during the e-discovery review, but that “human error is common when attorneys are tasked with personally reviewing voluminous electronically stored information.”  The court quoted several cases to the effect that “the Federal Rules do not demand perfection” and “[i]t is improper to infer nefarious intent or bad faith from what appear to be ordinary discovery errors.”  The court held that requiring the plaintiff to bear the cost of the forensic review the plaintiff had demanded was “a reasonable method for sharing the cost of ESI discovery.”