Magistrate Recommends Adverse Inference Instruction and Monetary Sanctions for Failure to Preserve Hard Drives, Audio Recordings and Email
E*Trade Securities LLC v. Deutsche Bank AG, et al., Civil No. 02-3711 RHK/AJB and Civil No. 02-3682 RHK/AJB (D. Minn. Feb. 17, 2005)
United States Magistrate Judge Arthur J. Boylan filed a Report and Recommendation regarding several electronic discovery disputes arising in a case where plaintiffs claim that defendants engaged in a fraudulent securities lending scheme. Two plaintiffs moved for sanctions based on certain defendants’ alleged spoliation of evidence and failure to conduct a reasonable inquiry in response to discovery requests; defendants opposed the sanctions motion and moved for an award of attorneys’ fees and costs. The judge recommended that the plaintiffs’ motions for sanctions be granted and that defendants’ motion be denied. Read More