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Date: | Mon, 11 Nov 2013 16:20:27 +0000 |
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Reading this article and it mentions Custodial File. Not sure what they mean by Custodial File. Anyone? Your thoughts?
http://it-lex.org/no-spoliation-when-document-destruction-complies-with-company-policy/
After considering the parties’ written and oral arguments, as well as the progression of the parties’ positions, the Court concludes the following matters are presently in issue:
(1) Whether BIPI’s duty to preserve documents relevant to this litigation arose before Wa’el Hashad’s custodial file was destroyed on November 22, 2011.
(2) Whether the admitted destruction of Wa’el Hashad’s custodial file and the resulting inability to produce any documents from Wa’el Hashad’s custodial file warrants the imposition of an adverse inference.
(3) Whether to issue an order directing production of Hashad’s custodial documents.
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