Archive: February 9, 2006

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Magistrate Declines to Enter Preservation Order, Orders Defendants to Answer Document Retention Questionnaire, and Orders Production of Electronic Documents in Native Format

Magistrate Declines to Enter Preservation Order, Orders Defendants to Answer Document Retention Questionnaire, and Orders Production of Electronic Documents in Native Format

Treppel v. Biovail Corp., 2006 WL 278170 (S.D.N.Y. Feb. 6, 2006)

In this case, plaintiff alleged that Biovail Corp., its general counsel and certain others engaged in a “smear campaign” that destroyed plaintiff’s career as a securities analyst. He asserted claims of defamation, tortious interference with prospective economic advantage and civil conspiracy. Plaintiff moved for an order compelling defendants to: (a) preserve all potentially discoverable data, whether maintained in electronic or paper form; (b) answer a range of questions concerning their electronic data management practices; and (c) produce all accessible data and documents responsive to his First Request for Production of Documents. Magistrate Judge James C. Francis denied the motion as to the preservation order, but granted the other relief requested. Read More

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