Petition of John W. Danforth Group, Inc, No. 13-MC033S, 2013 WL 3324017 (W.D.N.Y. July 1, 2013)

Key Insight: Where petitioner sought to perpetuate evidence and an order of preservation pursuant to Rule 27 in light of an anticipated witness?s untruthfulness about his use of social media and refusal to turn over his personal mobile phone or to allow for a backup to be made absent a court order, the court declined to issue such an order where Rule 27 relief should be granted ?only in special circumstances to preserve evidence that would otherwise be lost? and where the petitioner?s ?generalized statements of concern? were insufficient to warrant pre-complaint intervention

Nature of Case: Pre-complaint order of preservation

Electronic Data Involved: Anticipated witness’s mobile device