No Sanctions for Failure to Preserve Links to Graphics in Emails Where Plaintiff Failed to Establish Bad Faith or How the Images were Relevant or Necessary to His Claims
Ferron v. Echostar Satellite, LLC, 2009 WL 2370623 (S.D. Ohio July 30, 2009)
Plaintiff’s 1300-page complaint alleged numerous violations of the Ohio Consumer Sales Practice Act against multiple defendants for sending email messages which conveyed a commercial advertisement and displayed the name and/or logo of “Dish Network.” In the course of discovery, Plaintiff sought sanctions for three defendants’ alleged failure to preserve website links to images contained in those messages. Because paper copies of the messages were preserved and available and because Plaintiff did not establish defendants’ duty to maintain certain websites, the court found Plaintiff failed to establish bad faith. Moreover, Plaintiff failed to establish that the images at issue were necessary or relevant to his claims. Accordingly, Plaintiff’s motion for sanctions was denied. [Note: Defendant E-Management Group, Inc. (“E-Management”) was the only defendant to respond to Plaintiff’s motion(s). Nonetheless, the court denied sanctions as to all three accused defendants upon analysis of E-Management’s arguments and defenses.]