Oldenkamp v. United Am. Ins. Co., 2008 WL 4682226 (N.D. Okla. Oct. 21, 2008)

Key Insight: Court denied motion to compel where plaintiff failed to offer any evidence that requested emails existed and where defendant offered sworn testimony that all responsive document had been produced; court also denied plaintiffs? motion for spoliation sanctions where plaintiff offered no evidence that allegedly spoliated materials existed; where defendant indicated its inability to locate a particular document but produced audio tapes detailing the contents, court declined to impose sanctions because plaintiffs offered no evidence of defendant?s intentional destruction of evidence and because plaintiffs suffered no prejudice in light of alternative source for requested information

Nature of Case: Litigation concerning insurance company’s denial of benefits

Electronic Data Involved: Email, ESI