Tag:Motion for Preservation Order

Key Insight: Where statute specifically imposed a duty on defendants to preserve evidence, and defendants represented they had complied and will comply with the statute, and plaintiffs adduced no evidence of non-compliance, court declined to enter an order mandating the preservation of evidence

Nature of Case: Securities fraud class action

Electronic Data Involved: All relevant documents, data compilations and tangible things

Key Insight: Where defendants had actual notice of allegations against them and affirmatively stated that they were fully aware of their preservation obligations under PSLRA and sanctions for failure to comply, court declined to enter preservation order

Nature of Case: Securities litigation

Electronic Data Involved: Documents, data compilations (including electronically recorded or stored data), and tangible objects

Key Insight: While granting without prejudice defendant’s motion to dismiss and denying without prejudice plaintiff’s motion to certify class, court found that plaintiff’s request for entry of a document preservation order was overbroad but not entirely unnecessary, and entered a more narrow document preservation order

Nature of Case: Class action alleging violations of Fair Debt Collection Practices Act

Electronic Data Involved: Computer information relating to defendant’s debt collection policies