Judge Recommends Default Judgment Sanctions Against Defendants, Even Though Some Deleted Files Were Recoverable: eDiscovery Case Law

By Doug Austin

\r\n

In Malibu Media, LLC v. Tashiro, Case No. 13-cv-00205 -WTL-MJD (S.D. Ind. May 18, 2015), Indiana Magistrate Judge Mark J. Dinsmore issued a Report and Recommendation on Plaintiff’s Motion for Sanctions, recommending that the Court grant the plaintiff’s motion against the defendants for spoliation of evidence and perjury and enter default judgment against the defendants.

\r\n

Case Background

\r\n

In 2013, the plaintiff retained a German company to investigate whether certain internet users were…

Read the whole entry… »

Author

  • Doug Austin

    Doug Austin is the editor and founder of eDiscovery Today and an EDRM Global Advisory Council Leader. Doug is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting and technical project management services to numerous commercial and government clients. Doug has published a daily blog since 2010 and has written numerous articles and white papers. He has received the JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018 and a JD Supra Readers Choice Award as a Top Cybersecurity Author for 2019.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.