On April 27, 2016, the US Ohio District Court granted Plaintiff’s preservation motion requiring a non-party to preserve certain evidence, but declined to impose preservation to be carried out through forensic imaging.
Plaintiff demonstrated a real danger that evidence in non-party possession will be destroyed absent a court order. The Court observed that the non-party may fulfill the order through forensic imaging, “but may instead employ other, more cost-effective techniques for preserving the information”.
Swetlic Chiropractic & Rehab. Ctr., Inc. v. Foot Levelers, Inc., 2016 U.S. Dist. LEXIS 56030 * (S.D. Ohio Apr. 27, 2016) is available at https://www.gpo.gov… Open PDF