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