Court declines sanctions where defendant deleted emails a decade before lawsuit
During discovery, OAPI advised the plaintiffs that it could not produce requested emails from three custodians from 2002 to 2006. Prior to 2007, OAPI explained, it “maintained a 60-day retention policy for emails,” causing it to automatically delete those emails.
The plaintiffs argued that OAPI’s loss of emails constituted spoliation. They moved for sanctions including an adverse inference jury instruction under Federal Rule of Civil Procedure 37(e) or the court’s inherent authority.