Court Grants Access to Individual Plaintiff’s Work and Home Computers; Plaintiff Had Continued Deleting Potentially Relevant Emails for Years After Commencing Litigation
Ball v. Versar, Inc., 2005 WL 4881102 (S.D. Ind. Sept. 23, 2005)
This case involved the remediation of a “Superfund” hazardous waste site in Indiana. Plaintiffs Roy Ball and Norman Bernstein (the “trustees”) were trustees for the fund formed by the hazardous waste generators to clean up the site under agreement with the relevant governmental agencies. The trustees sued Versar, Inc. for breach of its contract to perform remediation services at the site. In this motion, the defendant sought production of email and other documents it contended the trustees were improperly withholding, access to plaintiff Roy Ball’s personal and employer-owned computers, and sanctions for plaintiffs’ failure to produce or retain discoverable electronic evidence. Read More