Litigation Hold, Adverse Inference and Additional eDiscovery Costs
Friday, February 19th, 2010In Melendres v. Arpaio, CV-07-2513-PHX (D. Ariz. February 11, 2010) (UNPUBLISHED), U.S. District Court Judge G. Murray Snow granted plaintiffs’ motion for sanctions and ruled that the Maricopa County Sheriff’s Office (”MCSO”) failed to issue a timely litigation hold resulting in the destruction of relevant documents, including e-mails.
In discovery, plaintiffs learned the MCSO shredded relevant documents (i.e., stat sheets) and deleted e-mails. In addition, not a single deponent was aware of their obligation to preserve evidence.

