In Field Day v. Suffolk Co., 2010 U.S. Dist. LEXIS 28476 (EDNY Mar. 25, 2010), a concert promoter entered into a $150,000 agreement with the County of Suffolk to hold a two day music festival featuring rap, hip-hop and rock artists in 2003. The agreement required Field Day to secure a "Mass Gatherings Permit". The County denied the permit and even initiated an injunction proceeding to prevent the festival from taking place. In response, Field Day filed a "Notice of Claim" In August of 2003. Such a notice is a common prerequisite to suing a government entity. The lawsuit was commenced on May 26, 2004. In short, the court held that the Notice of Claim was the trigger event for the duty to preserve (even thought the County argued it receives thousands of notices of claim each year). Following a detailed analsysis the court granted monetary sanctions, refusing to award an adverse inference jury instruction. The court held that the litigation hold failures were merely negligent and plaintiffs were unable to demonstrate prejudice.