First:

“...the Magistrate Judge abused his discretion.” by broadly shifting the cost of electronic discovery to the requesting party without first requiring a showing that the discovery requests create an undue burden or cost., citing Vinton v. Adam.

Second:

Magistrate Judge Watanabe issued the Minute Order before the expiration of the 14-day time period in which a moving party (i.e., e.Digital) was permitted to file a reply under
D.C.COLO.LCivR 7.1(C). Therefore, e.Digital did not have an opportunity to address the arguments raised in Defendants’ Opposition.

The first mistake he might have gotten away with, but the second one denies EDIG the opportunity to respond and becomes a "Due process" issue, and calls for setting aside of his Ruling...

This should nothave an impact on what and when the MH ruling is going to be...

Gil...