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Computer Forensics Docket Sheet
Court Issues Spoliation
Sanctions for 'Crashed' Hard Drive
In a case alleging civil-rights violations and infliction of emotional distress, the plaintiff sought to explore claims about the authorship of a harassing letter he received from a city employee. The court initially denied the plaintiff's request to compel inspection of the city's computers but ordered the defendant to preserve 'everything.' The city assured the court that it would abide by the preservation order, but after a subsequent court order for production of three of its employees' hard drives, the defendant acknowledged that it had destroyed one of them. The defendant explained that the hard drive in question had been inadvertently discarded after the user's laptop 'crashed.' However, at a hearing before the court the city indicated that it found the laptop, with no explanation other than that it 'appeared.' Unsatisfied with the city's explanation, the plaintiff moved for terminating sanctions, monetary sanctions and default judgment. In turn, the defendant moved for clarification of the court's previous order to allow inspection or, in the alternative, for a protective order. The court found that the defendant had discarded the laptop with notice of its potential relevance, causing delay and additional expense to the plaintiff. While reserving judgment as to whether the defendant's actions warranted terminating sanctions, the court ordered monetary sanctions against the defendant in the amount of the plaintiff's attorney fees and traveling costs associated with bringing the motion. It also ordered the defendant to pay the plaintiff's expert's fees and to bear the cost of a court-appointed special master. The court declined to consider the defendant's motion for clarification, directing the defendant to seek direction from the special master. Padgett v. City of Monte Sereno, 2007 WL 878575 (N.D. Cal. Mar. 20, 2007).
Court Issues Adverse Jury Instruction
Where Plaintiff Disposed of Evidence
In a gender-discrimination suit, the defendant brought a motion for sanctions against the plaintiff for spoliation of evidence, specifically seeking dismissal of the suit because the plaintiff disposed of her home computer after filing an Equal Employment Opportunity Commission claim against the defendant. The plaintiff's home computer contained evidence relating to her lawsuit against the defendant. The plaintiff claimed that she disposed of her computer after the hard drive crashed and her brother was unable to repair it. The court held that sanctions were appropriate because the computer contained evidence directly related to the plaintiff's claims and her efforts to mitigate her damages by finding another job after leaving defendant's company. The court determined that she disposed of the computer with a 'culpable state of mind' and that an adverse-inference jury instruction at trial was proper. Teague v. Target Corp., 2007 WL 1041191 (W.D.N.C. Apr. 4, 2007).
e-Discovery Docket Sheet was written by Michele C.S. Lange, a staff attorney with Kroll Ontrack. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Information in these summaries is taken from the Kroll Ontrack monthly E-Discovery Case Law Update and Computer Forensics newsletters, which may be accessed at www.krollontrack.com. Lange is a member of e-Discovery Law & Strategy's Board of Editors, and can be reached at [email protected].
Court Issues Spoliation
Sanctions for 'Crashed' Hard Drive
In a case alleging civil-rights violations and infliction of emotional distress, the plaintiff sought to explore claims about the authorship of a harassing letter he received from a city employee. The court initially denied the plaintiff's request to compel inspection of the city's computers but ordered the defendant to preserve 'everything.' The city assured the court that it would abide by the preservation order, but after a subsequent court order for production of three of its employees' hard drives, the defendant acknowledged that it had destroyed one of them. The defendant explained that the hard drive in question had been inadvertently discarded after the user's laptop 'crashed.' However, at a hearing before the court the city indicated that it found the laptop, with no explanation other than that it 'appeared.' Unsatisfied with the city's explanation, the plaintiff moved for terminating sanctions, monetary sanctions and default judgment. In turn, the defendant moved for clarification of the court's previous order to allow inspection or, in the alternative, for a protective order. The court found that the defendant had discarded the laptop with notice of its potential relevance, causing delay and additional expense to the plaintiff. While reserving judgment as to whether the defendant's actions warranted terminating sanctions, the court ordered monetary sanctions against the defendant in the amount of the plaintiff's attorney fees and traveling costs associated with bringing the motion. It also ordered the defendant to pay the plaintiff's expert's fees and to bear the cost of a court-appointed special master. The court declined to consider the defendant's motion for clarification, directing the defendant to seek direction from the special master. Padgett v. City of Monte Sereno, 2007 WL 878575 (N.D. Cal. Mar. 20, 2007).
Court Issues Adverse Jury Instruction
Where Plaintiff Disposed of Evidence
In a gender-discrimination suit, the defendant brought a motion for sanctions against the plaintiff for spoliation of evidence, specifically seeking dismissal of the suit because the plaintiff disposed of her home computer after filing an
e-Discovery Docket Sheet was written by Michele C.S. Lange, a staff attorney with Kroll Ontrack. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Information in these summaries is taken from the Kroll Ontrack monthly E-Discovery Case Law Update and Computer Forensics newsletters, which may be accessed at www.krollontrack.com. Lange is a member of e-Discovery Law & Strategy's Board of Editors, and can be reached at [email protected].
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