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ILS Team
April 9, 2020

In Slip And Fall Case, Motion For Spoliation Of Video Denied Where No Duty to Preserve Video Arose Until After Lawsuit Was Filed

In Nguyen v. Costco Wholesale Corp., No. 9:19-cv-80393 (S.D. Fla. Jan. 27, 2020), a Florida Magistrate Judge denied plaintiff’s motion for sanctions for spoliation of a video allegedly showing a slip-and-fall by plaintiff on the grounds that defendant had no affirmative duty to preserve the video for the nearly two-year gap between the alleged accident

ilsteam
August 6, 2019

Magistrate Judge recommends Default Judgement against Defendants for their Wide-Scale Discovery Misconduct

In Abbott Laboratories, et al. v. Adelphia Supply USA, et al., No. 15-CV-5826(CBA)(LB) (E.D.N.Y May 2, 2019), a New York Magistrate Judge recommended that Plaintiff’s motion for case ending sanctions be granted on the grounds that Defendants course of conduct presented “a cautionary tale about how not to conduct discovery in federal court.” The underlying

ilsteam
August 1, 2019

Court Grants Plaintiff’s Motion to Compel and Establishes ESI Search Protocol to Address Such Motion

In Lawson v. Spirit Aerosystems, Inc., No. 18-1100-EFM-ADM (D. Kan. April 26, 2019), a Kansas Magistrate Judge granted in part and denied in part Plaintiff’s motion to compel, ordering Defendant to produce documents related to two requests and, with regard to a third request, ordered Defendant to produce documents “to the extent such documents are

ilsteam
June 26, 2019

ND Cal. Holds that Searching Thirty-Thirty Custodians Not Proportional to Case’s Needs

In Alta Devices, Inc. v. LG Electronics, Inc., Case No. 18-cv-00404-LHK (VKD)(N.D. Ca. Feb. 20, 2019), the court denied Plaintiff’s motion to require Defendant to conduct ESI searches across thirty-three custodial files, finding that Plaintiff’s request was not proportional to the needs of the case. In its motion, the Plaintiff emphasized that the information it

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

ilsteam
April 23, 2019

Plaintiff Spoliated Data When He Intentionally Deleted Data from Laptop

In Postle v. SilkRoad Technology, Inc., Civil No. 18-cv-224-JL (D. NH Feb. 19, 2019), the court granted Defendant’s motion for spoliation-related sanctions after Plaintiff intentionally deleted ESI from his work-issued laptop before returning it to Defendant. Defendant SilkRoad employed Plaintiff Postle in an information-technology role for about fifteen years. In March 2017, Plaintiff began to

ilsteam
April 10, 2019

Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence

In employment discrimination case Brewer v. Leprino Foods Company, Inc., No CV-1:16-1091-SMM (E.D. Cal. Jan. 29, 2019), the Eastern District of California granted Defendant’s motion for sanctions under Fed. R. Civ. P. 37(e)(2), finding that Plaintiff “acted with the intent to deprive” Defendant of certain relevant ESI. The sanction motion followed a non-party deposition in

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

ilsteam
January 11, 2019

Court Orders Defendants to Review Random Null Set of Documents Not Returned by Key Words

In City of Rockford v. Mallinckrodt ARD Inc., No. 17 CV-50107, No. 18 CV-379 (N.D. Ill. August 7, 2018), the United States District Court for the Northern District of Illinois adopted the parties’ proposed order establishing the production protocol for ESI with the inclusion of Plaintiff’s proposal that a random sample of the null set

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