What Litigation Hold? Failing to Image Hard Drives and Other Discovery Mistakes


Plunk v. Vill. of Elwood, 2009 U.S. Dist. LEXIS 42952 (N.D. Ill. May 20, 2009) is a civil rights case with a summer time trial date against a local government, village officials and the police department.

The Plaintiff argued the Defendants:

(1) Destroyed and failed to preserve relevant ESI on police department computers;

(2) Failed to preserve ESI on six computer hard drives; and

(3) Failed to back-up any relevant ESI.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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