A recent decision in True Footage Inc. v. Automax AI Inc. underscores the high burden moving parties face when seeking a judicial order for evidence preservation. The Northern District of California denied the plaintiff’s request for a preservation order, finding that it had not shown a specific, imminent threat supported by the record that spoliation was occurring or imminent. The court emphasized that a party’s existing duty to preserve evidence, coupled with the threat of future sanctions, is generally sufficient to secure preservation in most cases without immediate court intervention.

The court rejected the plaintiff’s arguments that the case involved young people without litigation experience and that the defendants had not provided sufficiently detailed responses regarding their specific preservation measures. While recognizing that courts assess the degree of concern regarding evidence destruction and potential irreparable harm, the court found no precedent justifying a preservation order based solely on a party’s age or experience, nor authority entitling the plaintiff to specific assurances. The undersigned noted that the defendants were represented by experienced counsel and had assured the plaintiff of their intent to fulfill applicable legal preservation steps.

For eDiscovery and litigation teams, the decision reinforces the presumption that standard preservation duties and Rule 37 sanction risks sufficiently secure evidence. Greater preservation measures, such as a formal preservation order, are not warranted merely based on generalized concerns or perceived inadequacies in discovery assurances. Litigants must present specific evidence of imminent spoliation to justify such a remedy, emphasizing the importance of detailed meet and confer processes to identify actual, supported risks to relevant information.

If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Shari Coltoff at CODISCOVR for more information. Shari has over 20 years of experience in the ever-evolving eDiscovery life cycle, from document collection to managing large long-term reviews through productions.