Archive: August 25, 2009

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Court Orders Monetary Sanction for Failure to Preserve to be Paid by Defendant and Counsel

Court Orders Monetary Sanction for Failure to Preserve to be Paid by Defendant and Counsel

Green v. McClendon, 262 F.R.D. 284 (S.D.N.Y. 2009)

Upon one of the defendant’s revelation that she had lost all original versions of electronic files when she transferred those files to CD and then reinstalled her operating system, plaintiff filed a motion for sanctions.  Finding that the defendant and counsel violated their duty to preserve evidence, the court authorized additional discovery and awarded plaintiff his costs, including attorney’s fees, to be paid by the defendant and her counsel.

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