context: Moreover, "this duty arises at the point in time when litigation is reasonably anticipated whether the organization is the initiator or the target of litigation." The Sedona Conference, The Sedona Conference Commentary on Legal Holds: The Trigger and the Process 3 (public cmt. ed. Aug.2007), available at http://www.thesedonaconference.org/ eontent/miscFiles/LegaLholds.pdf ("Legal Holds"). However, a future litigant is not required to make such a request, "and a failure to do so does not vitiate the independent obligation of an adverse party to preserve such information" if the adverse party knows or should know of impending litigation.
citation_a.signal: see also
citation_a.identifier: 2006 WL 1308629, at *8
citation_a.parenthetical: "The filing of a complaint may alert a party that certain information is relevant and likely to be sought in discovery."
citation_a.sentence: See Nucor Corp. v. Bell, 251 F.R.D. 191, 197 (D.S.C. 2008) (stating that “defendants each had a duty to preserve the data beginning no later than those dates” on which plaintiff served the complaint on each defendant); see also Cache La Poudre Feeds, LLC v. Land O’Lakes, Inc., 244 F.R.D. 614, 621 (D.Colo. 2007) (“In most cases, the duty to preserve evidence is triggered by the filing of a lawsuit.”); Krumwiede, 2006 WL 1308629, at *8 (“The filing of a complaint may alert a party that certain information is relevant and likely to be sought in discovery.”).
citation_b.signal: see
citation_b.identifier: 251 F.R.D. 191, 197
citation_b.parenthetical: stating that "defendants each had a duty to preserve the data beginning no later than those dates" on which plaintiff served the complaint on each defendant
citation_b.sentence: See Nucor Corp. v. Bell, 251 F.R.D. 191, 197 (D.S.C. 2008) (stating that “defendants each had a duty to preserve the data beginning no later than those dates” on which plaintiff served the complaint on each defendant); see also Cache La Poudre Feeds, LLC v. Land O’Lakes, Inc., 244 F.R.D. 614, 621 (D.Colo. 2007) (“In most cases, the duty to preserve evidence is triggered by the filing of a lawsuit.”); Krumwiede, 2006 WL 1308629, at *8 (“The filing of a complaint may alert a party that certain information is relevant and likely to be sought in discovery.”).