Stemmelin
Stemmelin v. Matterport, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN STEMMELIN, Case No. 20-cv-04168-WHA (TSH)
Plaintiff,
DISCOVERY ORDER
v. Re: Dkt. No. 111 MATTERPORT, INC., et al., Defendants.
12 We are here on Plaintiff John Stemmelin’s motion for sanctions concerning Defendants’ failure to preserve certain electronically stored information (“ESI”) and failure to prepare two Rule 30(b)(6) witnesses for deposition. ECF No. 111. For the ESI aspect of this motion, the governing rule is Federal Rule of Civil Procedure 37(e), which states:
If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court: 19 (1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or 21 (2) only upon finding that…