Sanctions.
(a) Failure to Preserve Electronically Stored Information: If electronically
stored information that should have been preserved in the anticipation or conduct of
litigation is lost because a party failed to take reasonable steps to preserve it, and it
cannot be restored or replaced through additional discovery, the Court:
(1) upon finding prejudice to another party from loss of the information, may
order measures no greater than necessary to cure the prejudice; or
(2) only upon finding that the party acted with the intent to deprive another
party of the information’s use in the litigation may:
(i) presume that the lost information was unfavorable to the party;
(ii) instruct the jury that it may or must presume the information was
unfavorable to the party; or
(iii) dismiss the action or enter a default judgment.
(b) Sanctions: Counsel and parties are subject to sanctions for the types of
failures and lack of preparation specified in Fed. R. Civ. P. 16(f) regarding pretrial
conferences and orders. Counsel and parties are also subject to the payment of
reasonable expenses, including attorney’s fees, as provided in Fed. R. Civ. P. 37(f), for
failure to participate in good faith in the development and submission of a proposed
discovery plan as required by Fed. R. Civ. P. 26(f) and LR Civ. P. 16.01(b) and (c).
Motions to Compel
