Triggering the Duty to Preserve
By Joshua Gilliland, Bow Tie Law's Blog, June 19, 2013
This post has been viewed 4,083 times.
This post has been viewed 4,083 times.
Plaintiffs requested email sent to or from the Defendants on November 4, 2011 in their April 10, 2012 discovery requests. The Plaintiffs had filed the lawsuit and an emergency preliminary injunction on November 7, 2011, which was attended by Defense counsel. The Defendants claimed producing the emails was impossible, because the Defendant had a 90 day retention policy and the Plaintiff did not serve the discovery requests until April 10, 2012, more than 150 days after the date in question. Stiriling v. St. Louis County Police Dep’t, 2013 U.S. Dist. LEXIS 71435, 1-5 (D. Mo. 2013).
The Court rejected the Defendants’ “impossibility” argument.
Read original articleTags: defendant, defendants, discovery requests, Preserve Plaintiffs
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