Cimaglia v. Union Pac. R.R. Co., 2009 387266 (C.D. Ill. Feb. 13, 2009)

Key Insight: Court denied plaintiffs? motion for preservation order and immediate production of data related to 2009 railroad crossing failure, finding that 2009 data was not relevant to 2004 incident at issue in light of defendants? lack of intention to present evidence that the system could not fail, and where court found 2009 data was not relevant to rebut defendants? assertions regarding lack of failure in 2004 or admissible to establish ?a routine practice of willful conduct?

Nature of Case: Train collision

Electronic Data Involved: Electronic copies of downloads from event recorders at railroad crossing