Tag: Motion for Preservation Order

1
Walker v. Cash Flow Consultants, Inc., 200 F.R.D. 613 (N.D. Ill. 2001)
2
Pueblo of Laguna v. United States, 60 Fed.Cl. 133 (2004)
3
In re Nat’l Century Fin. Enters., Inc. Fin. Inv. Litig., 347 F. Supp. 2d 538 (S.D. Ohio 2004)
4
Ferrari v. Gisch, 225 F.R.D. 599 (C.D. Cal. 2004)

Walker v. Cash Flow Consultants, Inc., 200 F.R.D. 613 (N.D. Ill. 2001)

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

Pueblo of Laguna v. United States, 60 Fed.Cl. 133 (2004)

Key Insight: Government’s past evidentiary failures in other similar litigation appeared to be so pervasive and systematic as to provide ample support for issuance of a document preservation order in this case

Nature of Case: Tribe sued government for mismanagement of trust accounts

Electronic Data Involved: Documents stored in various media related to parties’ claims

In re Nat’l Century Fin. Enters., Inc. Fin. Inv. Litig., 347 F. Supp. 2d 538 (S.D. Ohio 2004)

Key Insight: Court granted plaintiffs’ motion for leave to issue document preservation subpoena to Chapter 11 debtor, finding it was necessary to preserve the documents held by debtor since debtor would likely be dissolved and its documents would be destroyed, and such destruction would cause actual prejudice to plaintiffs in prosecuting their class action

Nature of Case: Securities class action by investors claiming that defendants had looted assets of Chapter 11 debtor

Electronic Data Involved: Information held in electronic form

Ferrari v. Gisch, 225 F.R.D. 599 (C.D. Cal. 2004)

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

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