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Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

While there was a gap in the chain of custody, “Plaintiff presents no evidence that anything has been lost from the phone.” Cooper had asked for test results early, she did not ask for the swabs until late in the discovery process. Efforts to subpoena or depose Mr. Roberts were “thwarted to date by his evasiveness.”

Evidence 130