Key Insight: A party must explicitly request all possible remedies it seeks. Courts will not impose unrequested sanctions even if it determines lesser sanctions were warranted. Plaintiff only requested a default judgment sanction which requires that Defendants intentionally lost or destroyed data so it could not be used in litigation. Because there was no finding of intent, a default judgment sanction could not be issued. A lesser sanction of “measures no greater than necessary to cure the prejudice” could have been imposed because Plaintiff was prejudiced by the loss of ESI and there is no intent requirement. However, no sanctions were issued because such sanctions were not requested.
Nature of Case: Civil Rights
Electronic Data Involved: Video