Jacob v. City of N.Y., 2009 WL 383752 (E.D.N.Y. Feb. 6, 2009)

Key Insight: Court denied motion for fees and costs related to 30(b)(6) deposition despite acknowledgment that deposition was unnecessary but for city?s delay in locating copies of 911 tapes following original?s destruction by NYPD; court indicated familiarity with NYPD?s destruction of 911 tapes and, while recognizing unique concerns such as storage space, nonetheless indicated the need to balance that concern with the value of tape recorded evidence; court urged city?s counsel to consider measures to ensure preservation of tapes once litigation is anticipated

Nature of Case: Constitutional violations

Electronic Data Involved: 911 call tapes