Failure to Institute Legal Hold Does Not Warrant Sanctions Absent Some Proof that Potentially Relevant Evidence Was Lost or Destroyed
Crandall v. City of Denver, 2006 WL 2683754 (D. Colo. Sept. 19, 2006)
In this case, plaintiffs alleged that they were exposed to harmful chemicals or other adverse environmental conditions at Denver International Airport (“DIA”). During discovery, the defendant’s practices concerning the deletion of emails came under scrutiny. Plaintiffs contended that, since at least 2003 when a related action was filed in state court and when plaintiffs’ counsel advised the defendant to maintain emails, the defendant was under an obligation to preserve all emails concerning environmental conditions at DIA. This lawsuit was filed on February 7, 2005. Plaintiffs served document requests in August 2005, requesting, among other things, emails pertaining to deicing fluids used at DIA and other environmental issues. Defendants responded to the requests on September 14, 2005.
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