Should a Party be Required to Copy Documents Seized by the Court in Another Action?

Plaintiffs in Perez v. Metro Dairy Corp., No. 13 CV 2109(RML), 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2015), sought spoliation sanctions for Defendants’ failure to produce relevant evidence seized pursuant to court order in another case. The court held that Defendants did not have an obligation to copy the evidence before complying with the previous court order. The court also reasoned that even if Defendants did have an obligation to preserve, there was no evidence of Defendants’ requisite culpable state of mind. Plaintiffs’ motion for sanctions was therefore denied.