Archive: February 13, 2007

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Potential Objects of Evidence Must Be in Party’s Possession, Custody, or Control for Any Duty to Preserve to Attach

Potential Objects of Evidence Must Be in Party’s Possession, Custody, or Control for Any Duty to Preserve to Attach

Phillips v. Netblue, Inc., 2007 WL 174459 (N.D. Cal. Jan. 22, 2007)

In this action involving alleged violations of the Controlling the Assault of Non-Solicited Pornographic and Marketing (“CAN-SPAM”) Act of 2003, defendants moved for dismissal based upon plaintiff’s alleged failure to preserve evidence.  United States District Judge Samuel Conti started by explaining the nature of the evidence at issue:

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