Archive: January 17, 2014

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No Adverse Inference for Damage to Only Copy of Disk Absent Evidence of Materiality; Monetary Sanctions Imposed

No Adverse Inference for Damage to Only Copy of Disk Absent Evidence of Materiality; Monetary Sanctions Imposed

Cognex Corp. v. Microscan Sys., Inc., —F. Supp. 2d.—, 2013 WL 6906221 (S.D.N.Y. Dec. 31, 2013)

In this case, Defendants sought sanctions for the spoliation of an optical disk which was damaged in shipping between Plaintiffs and their expert and which was therefore “unreadable.”  Finding that an adverse inference was unwarranted absent a showing that the disk contained information that would be “material to [Defendants’] claims or defenses,” the court imposed monetary sanctions, including ordering payment of Defendants’ costs and attorneys’ fees associated with the spoliation motion and a $25,000 fine payable to the Clerk of the Court.

On multiple occasions, Defendants requested that Plaintiffs provide them with an optical disk (“CD”) containing particular relevant software and Plaintiffs promised that they would. “[W]ell after” Defendants’ specific requests for production, however, the original CD was shipped to Plaintiffs’ technical expert and was allegedly damaged by the shipping company during its return.  There was no copy.  Defendants sought spoliation sanctions in the form of an adverse inference. Read More

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