N.Y. District Judge Sanctions City for Spoliation of E-mails | Cullen and
Dykman LLP - JDSupra
During discovery, Plaintiffs requested the production of e-mails, but the
City was unable to produce the e-mails because they “did not have a formal
e-mail retention policy in place during the relevant time period” and that
it was “within the ‘sole discretion’ of the City’s staff and elected
officials to delete e-mails” during that time; and thus, the e-mails were
destroyed. Plaintiffs thereafter brought a motion for sanctions, pursuant
to Rule 37 of the Federal Rules of Civil Procedure, premised upon the
City’s spoliation of those e-mails.

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