Court Orders Non Party to Preserve Some, But Not All, Information Requested by Plaintiff: eDiscovery Case Law
Court Orders Non Party to Preserve Some, But Not All, Information Requested by Plaintiff: eDiscovery Case Law https://cloudnine.com/wp-content/themes/cloudnine/images/empty/thumbnail.jpg 150 150 CloudNine https://cloudnine.com/wp-content/themes/cloudnine/images/empty/thumbnail.jpg![](https://cloudnine.com/wp-content/uploads/blog-images/Gavel2.png)
In Swetlic Chiropractic & Rehabilitation Center, Inc. v. Foot Levelers, Inc., et. al., Ohio Magistrate Judge Elizabeth A. Preston Deavers ruled that the plaintiff had satisfied its burden to demonstrate a real danger that relevant evidence in a non-party’s possession would be destroyed absent a court order and ordered WestFax, the non-party, “to preserve any transmission report or other documents and ESI that identify fax numbers that received Defendants’ advertising faxes.” However, noting that the requested scope of the preservation order “appears overly broad”, she permitted WestFax to file objections to the Order within 14 days if unable to extrajudicially resolve any such objection with the plaintiff.
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