Ybarra v. Wells County Jail et al
OPINION AND ORDER: DENYING 24 MOTION for Temporary Restraining Order by Plaintiff Randy Russell Ybarra. Signed by Judge Robert L Miller, Jr on 11/17/2017. (Copy mailed to pro se party)(lhc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
RANDY RUSSELL YBARRA,
WELLS COUNTY JAIL, et al.,
CAUSE NO. 3:17-CV-211 RLM
OPINION AND ORDER
Randy Russell Ybarra, a prisoner without a lawyer, has filed a motion for
temporary restraining order requesting an order to preserve various relevant
documents housed at the Wells County Jail so that he can use those documents
as evidence in this case. Although labeled as a temporary restraining order, this
request is more appropriately understood as a motion to preserve evidence, which
A party has a duty to preserve evidence when he knows, or should have
known, that litigation is imminent. Trask-Morton v. Motel 6 Operating L.P., 534
F.3d 672, 681 (7th Cir. 2008). The duty to preserve evidence encompasses any
evidence that the non-preserving party knew or reasonably could foresee would
be relevant to the action. Larson v. Bank One Corp., 2005 WL 4652509, *10-11
Notably, Mr. Ybarra does not contend that any of these documents are being destroyed or
otherwise damaged at the jail.
(N.D. Ill. August 18, 2005); Danis v. USN Communications, Inc., 2000 WL
1694325, *32 (N.D. Ill. Oct. 20, 2000). This duty attaches when the defendant is
put on notice of impending litigation. Trask-Morton v. Motel 6, 534 F.3d at 681
(explaining that Motel 6 was on notices of the claim when it received the plaintiff’s
For these reasons, the court DENIES the motion for temporary restraining
ENTERED: November 17 , 2017.
/s/ Robert L. Miller, Jr.
United States District Court
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