Party Seeks Preservation Order Where Phase III of Litigation Could Occur in 2009, Citing Concerns re Document Retention Policy
United States v. Magnesium Corp. of Am., 2006 WL 2350155, (D. Utah Aug. 11, 2006)
In this decision, the court considered the government’s motion for an order requiring certain defendants "to maintain documents in their possession that are relevant to this case throughout all phases of the litigation." In making the request, the government indicated that it has no reason to believe that the defendants were destroying documents, but also noted that Phase III of the litigation could occur as late as 2009. Since the government did not know whether the defendants had a policy that limits the time that documents are retained, it wanted to ensure that relevant documents were not inadvertently destroyed as part of the defendants’ document retention policy. Read More