Lozoya v. Allphase Landscape Constr., Inc., No. 12-cv-1048-JLK, 2014 WL 222326 (D. Colo. Jan. 21, 2014)

Key Insight: Court ordered production of ESI from plaintiff?s girlfriend?s computer upon finding that the information, including when she searched for an attorney for the plaintiff and the search terms she employed, was relevant to the litigation and ordered the production of plaintiff?s ESI, despite his claims that his computers were ?broken? absent factual support for the contention that the data was not accessible; court further ordered production of all relevant ?phone ESI? in plaintiff?s possession

Nature of Case: Employment litigation (wage and hour)

Electronic Data Involved: ESI on plaintiff’s computers and on third party’s computer, “Phone ESI”