W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, 2013 WL 1352426 (D.P.R. Apr., 3, 2013). In this discovery dispute, the plaintiffs sought cost taxation of ediscovery costs under 28 U.S.C. § 1920 or cost-shifting under 26(b)(2)(B). The court quickly dismissed the request for cost taxation at this early point in the litigation because the defendants had not prevailed in the dispute—a threshold requirement under the statute—much less explained why the ediscovery costs at hand (scanning, imaging, batestamping, and privilege review) could be construed as copying costs. Addressing the plaintiffs’ cost-shifting request, the court looked to the plain language of 26(b)(2)(B) and Zubulake to require the plaintiffs to show “some technological feature that inhibits accessibility” before engaging in a proportionality assessment under the Federal Rules. Because the plaintiffs’ briefing on this issue was too speculative, the court did not shift any ediscovery costs at this time.