Davis v. Grant Park Nursing Home, LP, 2010 U.S. Dist. LEXIS 118853 at *3 (D.D.C. Nov. 9, 2010) has been on our to-do list, but our good friend The Bow Tie's Blog does a very nice job of discussing the issues raised in this very short opinion by Magistrate Judge Facciola.
In short, Judge Facciola felt plaintiff's motion for sanctions (due to a failure to preserve evidence) was premature. The motion was dismissed until the full nature of any prejudice realted to the loss can be gleaned from a full record developed during discovery. As discussed throught our blog, a court must find three things before it can sanction a party for failing to preserve evidence: 1. A duty to preserve, 2. the destruction of relevant data and 3. prejudice caused by the loss. For a copy of the opinion, click here: Download Davis v Grant Park - 11-9-2010
To read the Bow Tie Law Blog's take on it, click here.
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