Court Declines to “Second Guess” Expert’s Advice on Litigation Hold
Kemper Mortgage, Inc. v. Russell, 2006 WL 2319858 (S.D. Ohio Apr. 18, 2006)
Plaintiff submitted a letter request to the court regarding a litigation hold, and the court heard oral argument on the request by telephone with both parties participating. Plaintiff represented that its computer forensics expert had advised that a “litigation hold” be effected by making a mirror image of plaintiff’s corporate server, laptops, and a branch server, at a cost of roughly $4,000. Plaintiff sought the telephone conference “to discuss the Court’s wishes on the preservation of evidence through the litigation hold, and which party will bear the related costs.” Read More