Martone v. Burgess, 2008 WL 5120047 (N.D. Cal. Dec. 3, 2008)

Key Insight: Where defendants failed to demonstrate prejudice if required to preserve information, failed to adequately establish the inaccessibility of the information sought, and failed to demonstrate the absence of ?questions serious enough to require litigation,? court granted plaintiffs? motion for preliminary injunction and preservation order requiring defendants to preserve information useful for identifying persons accessing plaintiffs? intellectual property through defendants? website

Electronic Data Involved: Information regarding visitors to a particular website