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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
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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
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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
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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
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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
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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
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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
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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
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Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage
In Mizzoni v. Allison (Case No. 3-15-cv-00313-MMD-VPC.) (United States District Court, D. Nevada. May 14, 2018) the United States District Court for the District of Nevada decided on the Plaintiff’s motion for spoliation sanctions against the Defendant. Joseph Mizzoni, the Plaintiff, is an inmate in the custody of the Nevada
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Court Grants Spoliation Sanctions for Deleted Social Media Accounts
In Nunes v. Rushton (Case No. 2:14-cv-00627-JNP-DBP.)(United States District Court, D. Utah), the Court granted the plaintiff’s spoliation sanctions. Rachel Nunes (plaintiff) brought a copyright infringement claim against Tiffanie Rushton (defendant). The defendant copied protected portions of the plaintiff’s book, A Bid for Love, and released copies of the work