Marketfare Annunciation, LLC v. United Fire & Cas. Ins. Co., 2007 WL 3273440 (E.D. La. Nov. 5, 2007)

Key Insight: Because trial was imminent and discovery had closed, and plaintiffs never sought extension of discovery deadline or expedited consideration of motion, court declined to address merits of plaintiffs? request that they be permitted to retain an expert at defendants’ expense to review defendants’ systems for relevant data, and, if data had been irretrievably deleted, for monetary and other sanctions; court advised that the appropriate method for relief for non-production of electronic data was for plaintiffs to first move to compel production of omitted materials, as opposed to bypassing this step and seeking sanctions directly

Nature of Case: Insurance coverage

Electronic Data Involved: Email and other electronic information about plaintiffs’ insurance claims