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Searching Content indexed under Court Procedure by Aaron Crews ordered by Published Date Descending.
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Court Denies Spoliation Motion Holding Plaintiff Fully Complied With Its Preservation Obligation
In Spanish Peaks Lodge, LLC v. Keybank National Assoc. [pdf], No. 10-453, Senior U.S. District Judge Donetta W. Ambrose denied Keybank's motion for spoliation sanctions holding that defendant Voyager Holdings failed to present any evidence that Voyager instituted a document retention policy for the sole purpose of destroying documents relevant to the litigation.
United States
8 Mar 2013
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Court Finds Defendant's Lack Of Preservation Grossly Negligent
In Star Direct Telecom, Inc. v. Global Crossing Bandwidth, Inc., No. 05-CV-6734T, U.S. Magistrate Judge Marian W. Payson, granted, in part, plaintiff U.S. Telesis Inc.’s Motion for Spoliation Sanctions holding that the defendant failed to preserve the email and computers of key custodians after the commencement of litigation.
United States
8 Mar 2013
3
Court Orders Adverse Inference Instruction For Bad Faith Spoliation Of ESI
In Aviva USA Corp. v. Vazirani [pdf], No. 11-0369, U.S. District Court Judge James A. Teilborg, denied the plaintiffs' request that they be granted judgment on liability and granted the plaintiffs' request for an adverse inference instruction against the defendants for their bad faith spoliation of evidence related to the lawsuit.
United States
8 Mar 2013
4
Court Orders Parties To Confer On Search Terms And Utilize Parties' Clawback Order
In Adair v. EQT Production Co., U.S. District Court Judge James P. Jones overruled, in part, the defendant’s objections to the magistrate’s order that the defendant run search terms on the email accounts for eight employees and produce all key-word positive emails except those that were sent to or received by the defendant’s counsel.
United States
8 Mar 2013
5
Court Denies Request For Sanctions Against Consultant Absent Showing Of Prejudice
In a recent case, U.S. Magistrate Judge Frank Maas denied the defendant's motion for sanctions, holding that although the plaintiffs' third-party consultant had a duty to preserve evidence, the defendant failed to demonstrate any resulting prejudice.
United States
8 Mar 2013
6
Court Orders Cost-Shifting For Production Of Inaccessible Accounting Data
In Annex Books v. City of Indianapolis [pdf], No. 1:03-cv-918, U.S. Magistrate Judge Tim A. Baker granted the defendants’ motion to compel the plaintiffs’ bookkeeping data, but held that the defendants would be required to pay all future costs and expenses associated with additional attempts to compile or import the data.
United States
8 Mar 2013
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Court Denies Motion For Sanctions Absent Evidence Information Existed And Was Destroyed
In Kincaid v. Wells Fargo Securities LLC, et. al., U.S. Magistrate Judge Paul J. Cleary denied Plaintiff's Motion for an Adverse Inference Instruction, holding that the plaintiff failed to prove that any relevant evidence was destroyed or withheld.
United States
8 Mar 2013
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