Motion for Preservation Order – Page 5 – Electronic Discovery Law

Schnall v. Annuity and Life RE (Holdings), Ltd., 2004 WL 51117 (D. Conn. Jan. 2, 2004)

Dec 01 2004

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

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

Dec 01 2004

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)

Dec 01 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)

Dec 01 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

Tag:Motion for Preservation Order