Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law
Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law https://cloudnine.com/wp-content/uploads/2016/07/Gavel2-8.png 479 270 CloudNine https://cloudnine.com/wp-content/uploads/2016/07/Gavel2-8.pngIn First Financial Security, Inc. v. Freedom Equity Group, LLC, California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the defendant for deleting relevant text messages “with the intent to deprive” the plaintiff of the use of those text messages and for failing to produce native-format data that it was repeatedly ordered to produce. Judge Lloyd declined to sanction the defendant for spoliation of phone records or employment applications.
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