In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), the Magistrate Judge granted and denied Plaintiff’s motion to compel in part, ruling that Defendant’s objections to Plaintiff’s discovery request were waived on the grounds of failing to timely object and for objecting
- ilsteam
- July 19, 2019
Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely”
In Wakefield v. Visalus, Inc., No 3:15-cv-1857-SI (D. Or. Mar. 27, 2019), the Oregon District Judge denied Plaintiff’s motion for sanctions against Defendant on the grounds that since Plaintiff knew about the spoliation for over two years, her motion was “untimely.” This case stems from alleged violations of the Telephone Consumer Protection Act in which
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- ilsteam
- July 10, 2019
Motion For Sanction Denied Where No Prejudiced Shown
In Harvery v. Hall, et al., Civil Action No. 7:17-cv-00113 (W.D. Va April 22, 2019), the Magistrate Judge denied Plaintiff’s Motions for Sanctions for Spoliation on the grounds that, despite a finding of gross negligence on the part of Defendants, Plaintiff failed to demonstrate prejudice from the loss of the ESI. This prison case stems
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- ilsteam
- May 16, 2019
No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative
In CIGNEX Datamatics, Inc. v. Lam Research Corporation, No. 17-320-MN (D. Del. Mar. 11, 2019), the court denied Defendant’s motions for spoliation and for sanctions, finding insufficient evidence that Plaintiff suffered prejudice due to the deleted electronically stored information (“ESI”). This case stems from a breach of contract in which Plaintiff agreed in January 2015
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- ilsteam
- May 2, 2019
Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones
In Paisley Park Enterprises, Inc., et al., v. George Ian Boxill, et al., No. 17-cv-1212 (D. Min. Mar. 4, 2019), a Minnesota magistrate judge granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence on the grounds that Defendants acted with an intent to deprive Plaintiff of ESI to
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- ilsteam
- February 22, 2019
No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage
In Stovall v Brykan Legends, LLC, No. 17-2412-JWL (D. Kan. Feb. 7, 2019), an employment discrimination case, the court denied Plaintiff’s motion for sanctions based on Defendant’s alleged spoliation of surveillance video footage, stating that “[P]laintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2).” The case stems from a 2016 incident
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- ilsteam
- January 9, 2019
SDNY Dismisses Action After Finding Plaintiff Fabricated Emails
In Comlab, Corp. v. Kal Tire, et al., Case No. 17-cv-1907(KBF)(S.D. N.Y. September 11, 2018), the United States District Court for the Southern District of New York granted Defendant’s Motion for Terminating Sanctions on the grounds that Plaintiff willfully and in bad-faith fabricated and spoliated relevant evidence. In this breach of contract action, Plaintiff allege
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- ilsteam
- January 7, 2019
Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email
In Worldplay, US, Inc. v. Haydon and Eunyt LLC, No. 17-cv-4179 (N.D. Ill. Nov. 14, 2018), the United States District Court for the Northern District of Illinois denied Plaintiff’s Motions for Sanctions on the grounds that Plaintiff had not suffered prejudice under Rule 37(e)(1) due to allegedly destroyed electronically stored information and that Defendants had
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- ilsteam
- December 10, 2018
Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in the usual course of business…or in a reasonably usable form or forms.” A producing party ignores this requirement at its peril,
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- ilsteam
- October 3, 2018
Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions
In World Trade Centers Association, Inc. v. The Port Authority of New York and New Jersey, No. 15 Civ. 7411 (S.D. N.Y. April 2, 2018), the United States District Court for the Southern District of New York denied Defendant’s Motion for Spoliation Sanctions on the grounds that Defendant failed to show that Plaintiff destroyed any
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