Logtale, Ltd. v. IKOR, Inc. et al

Filing 160

ORDER to File Declaration by Steve Kohles. Signed by Magistrate Judge Donna M. Ryu on 05/16/2014. (dmrlc1, COURT STAFF) (Filed on 5/16/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 LOGTALE, LTD., 12 13 Plaintiff(s), No. C-11-05452 EDL (DMR) ORDER TO FILE DECLARATION BY STEVE KOHLES v. 14 IKOR, INC. ET AL, 15 Defendant(s). ___________________________________/ 16 17 The court has reviewed Plaintiff’s motion for sanctions for spoliation of evidence and 18 Defendants’ opposition thereto, which is set for hearing on May 22, 2014 at 11:00 a.m. before the 19 undersigned. In its motion, Plaintiff argues in part that an April 30, 2013 email from Steve Kohles, 20 in which he states “I had deleted any emails prior to 2010 and basically only kept emails relating to 21 financial statements since then” is evidence of spoliation. (See Knier Decl., March 28, 2014 Ex. D.) 22 In response, Defendants submitted a declaration by Kohles in which he elaborates on the statement 23 in his April 2013 email and explains his “culling process” for emails. (Kohles Decl., April 10, 2014 24 ¶¶ 10-11.) However, Kohles does not set forth information about the time period during which he 25 deleted emails according to this process. He also does not state indicate whether he stopped his 26 practice of deleting emails, and if so, when. Additionally, he does not indicate whether he was ever 27 instructed by anyone to preserve documents relevant to this litigation, and if so, who instructed him, 28 when he was instructed, and what steps, if any, he took to preserve documents. 1 Therefore, by no later than 9:00 a.m. on Wednesday, May 21, 2014, Defendants shall file 2 a sworn, detailed declaration by Kohles setting forth the above information. In addition, Kohles 3 shall indicate whether he or anyone else has ever made an attempt to recover deleted emails from his 4 account and set forth specific details about any such efforts, such as when the attempt(s) was made, 5 what the attempt(s) entailed, and the outcome of the attempt(s). RT 11 12 ER H For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 R NIA u DONNA M. RYUnna M. Ry o United Judge Magistrate Judge States D NO United States District Court 10 FO Dated: May 16, 2014 LI 9 D RDERE OO IT IS S A 8 UNIT ED IT IS SO ORDERED. S DISTRICT TE C TA RT U O 7 S 6 N F D IS T IC T O R C

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