Dish Network LLC. v. Jadoo TV, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DISH NETWORK L.L.C., Case No. 20-cv-01891-CRB (LB)

Plaintiff,

DISCOVERY ORDER

v. Re: ECF No. 262 JADOO TV, INC., et al., Defendants. 16 INTRODUCTION In an earlier discovery order in this copyright infringement case, the court sanctioned the defendants, JadooTV, Inc. and Sajid Sohail, under Rule 37(e) for failing to preserve emails of Haseeb Shah, a former JadooTV employee and former defendant in this case. The plaintiff, Dish Network LLC, had asked for a sanction in the form of a default judgment or a mandatory adverse- inference instruction. The court held that the failure to preserve evidence was negligent or grossly negligent, but was not intentional spoliation, and thus the appropriate remedy was a permissive adverse-instruction instruction allowing the jury to determine whether the destruction of emails was intentional and whether the emails would have been…