now this is a duty to preserve order
http://www.klgates.com/files/upload/eDAT_Westlaw_Document_Flash_Memory.doc

Sent to you by pakurilecz via Google Reader: Court Reminds Parties of
Their Duty to Preserve and Enters Preservation Order via Electronic
Discovery Law by [log in to unmask] (K&L Gates) on 4/28/08
In re Flash Memory Antitrust Litig., 2008 WL 1831668 (N.D. Cal. Apr.
22, 2008)

The court's order, in its entirety, provides:

All parties and their counsel are reminded of their duty to preserve
evidence that may be relevant to this action. The duty extends to
documents, data, and tangible things in the possession, custody and
control of the parties to this action, and any employees, agents,
contractors, carriers, bailees, or other non-parties who possess
materials reasonably anticipated to be subject to discovery in this
action. "Documents, data, and tangible things" shall be interpreted
broadly to include writings, records, files, correspondence, reports,
memoranda, calendars, diaries, minutes, electronic messages, voice
mail, E-mail, telephone message records or logs, computer and network
activity logs, hard drives, backup data, removable computer storage
media such as tapes, discs and cards, printouts, document image files,
Web pages, databases, spreadsheets, software, books, ledgers, journals,
orders, invoices, bills, vouchers, check statements, worksheets,
summaries, compilations, computations, charts, diagrams, graphic
presentations, drawings, films, charts, digital or chemical process
photographs, video, phonographic, tape or digital recordings or
transcripts thereof, drafts, jottings and notes, studies or drafts of
studies or other similar such material. Information that serves to
identify, locate, or link such material, such as file inventories, file
folders, indices, and metadata, is also included in this definition.
Until the parties reach an agreements on a preservation plan or the
Court orders otherwise, each party shall take reasonable steps to
preserve all documents, data, and tangible things containing
information potentially relevant to the subject mater of this
litigation. In addition, counsel shall exercise all reasonable efforts
to identify and notify parties and non-parties of their duties,
including employees of corporate or institutional parties, to the
extent required by the Federal Rules of Civil Procedure.



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