Hoyle v. Dimond, 2009 WL 604899 (W.D.N.Y. Mar. 9, 2009)

Key Insight: Where plaintiff did not consider contact information taken from defendants to be a ?record? and thus deleted the information from his computer and did not return it, court denied motion to hold plaintiff in contempt for violating preliminary injunction upon finding that plaintiff had substantially complied with the court?s order because deletion of the data satisfied the purpose of the injunction

Nature of Case: Fraud, negligent misrepresentation and unjust enrichment

Electronic Data Involved: ESI on plaintiff?s computer