Third party and requestor ordered to share costs of production from database created from backup tapes

Third party and requestor ordered to share costs of production from database created from backup tapes

Universal Delaware, Inc. v. Comdata Corp., 2010 U.S. Dist. LEXIS 32158 (E.D. Pa. Mar. 31, 2010)

Plaintiff voluntarily dismissed a third party without prejudice reserving a right to amend and rename the third party, while tolling the statute of limitations. The parties stipulated that the third party would preserve relevant evidence, respond in good faith to reasonable discovery requests, and would not object to discovery requests as a non-party for the purpose of delaying production past the deadline for amending the complaint.

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Judge Scheindlin analyzes the law of spoliation

The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 2010 U.S. Dist. LEXIS 1839 (S.D.N.Y. Jan. 11, 2010)

Plaintiff producers were a group of investors who had brought an action to recover $550 million lost as a result of the liquidation of two British Virgin Island hedge funds. In October, 2007, the Citco Defendants claimed that large gaps in plaintiffs’ document production had been found. Depositions were held and declarations submitted between October, 2007 and June 2008. As a result of this discovery, defendant requestors moved for sanctions, alleging that plaintiffs had failed to properly preserve and produce documents, and had submitted false declarations regarding their efforts.

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