Court Orders Mirror Imaging to Ensure Preservation During Ongoing Discovery
In this case, both parties moved for spoliation sanctions alleging
destruction of emails. Defendants also sought to compel production of
certain emails and plaintiff’s personal computer and storage devices to
ensure she was not withholding evidence. Both motions for sanctions were
denied. Despite denying the motion to compel production of plaintiff's
computer, the court ordered plaintiff to create a mirror image at
defendants’ expense — to be left in safekeeping with her attorney — to
ensure the preservation of evidence while defendants further investigated
her preservation efforts.
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