Court Denies Request for Sanctions for Routine Deletion of Files of Departed Employees: eDiscovery Case Law

By Doug Austin

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In Charvat et. al. v. Valente et. al., 12-5746 (N.D. Ill. July 1, 2015), Illinois Magistrate Judge Mary M. Rowland denied the plaintiff’s request for spoliation sanctions for the defendant’s admitted destruction of computer files belonging to two departed employees, finding that the plaintiff did not provide any evidence that the defendant acted in bad faith.

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Case Background

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In this case about consumer complaints regarding alleged improper telemarketing activities by a company affiliated…

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