Case Facts Matthew Enterprise, Inc. threatened litigation on Chrysler Group, LLC. for violation of the Robinson-Patman Act. Matthew Enterprise, Inc. made no effort to preserve documents relating to this matter upon threatening litigation. Therefore, Chrysler is seeking relief under Rule 37(e)(1) for spoliation.
Motioning Party Chrysler filed a motion to compel when they requested two forms of ESI from Matthew Enterprise, who failed to produce such documents. Chrysler filed the instant motion saying that the duty to preserve documents was attached when Matthew Enterprise sent a litigation threat letter.
Responding Party Matthew Enterprise argues that Chrysler has suffered no prejudice from the spoliation and that ESI containing customer
Motioning Party Chrysler filed a motion to compel when they requested two forms of ESI from Matthew Enterprise, who failed to produce such documents. Chrysler filed the instant motion saying that the duty to preserve documents was attached when Matthew Enterprise sent a litigation threat letter.
Responding Party Matthew Enterprise argues that Chrysler has suffered no prejudice from the spoliation and that ESI containing customer