Cedar Rapids Lodge & Suites, LLC v. JFS Dev., Inc., No. C09-0175, 2011 WL 4499259 (N.D. Iowa Sept. 27, 2011)

Key Insight: Where plaintiffs alleged that examination of defendant?s laptop and other storage devices revealed evidence of spoliation and filed a motion for default judgment, the court reasoned that the evidence did not support a finding of intentional spoliation or bad faith, that the risk of prejudice to plaintiffs was small, that there was plenty of information for plaintiffs to utilize to pursue their claims, that public policy favored disposition on the merits, and that a less drastic sanction was available (namely a possible adverse inference instruction), and denied plaintiffs? motion; the recommendation of the Magistrate Judge was adopted by the District Court 2011 WL 5975127

Nature of Case: Claim for damages arising from property development

Electronic Data Involved: ESI