In the case Michelle Maziar v. City of Atlanta, Maziar, the former Director of the Atlanta Mayor's Office of Immigration Affairs, claimed wrongful termination in retaliation for her complaints about pay disparities and the misuse of COVID-19 relief funds. The court reviewed her objections to a magistrate judge's order denying spoliation sanctions against the City for failing to preserve key text messages. The judge found that the City had indeed failed to maintain relevant evidence, leading to sanctions including the denial of the City’s summary judgment motion and awarding attorneys’ fees to Maziar.

The court held that the City did not act in bad faith but was grossly negligent in handling electronically stored information (ESI). The City's failure to issue a timely litigation hold and the subsequent deletion of messages from Maziar’s supervisor's phones constituted spoliation. This case underscores the critical importance of proper ESI preservation in litigation, highlighting how mishandling ESI can significantly impact the course of legal proceedings.

Federal Rule of Civil Procedure 37(e) controls the loss of ESI. It applies where (1) “electronically stored information that should have been preserved in the anticipation or conduct of litigation” was “lost because a party failed to take reasonable steps to preserve it” and (2) that information “cannot be restored or replaced through additional discovery.” Fed. R. Civ. P. 37(e). If the court determines that both of these conditions are present they may consider posing sanctions under the Rule. Rule 37(e)(1) applies to cases where the loss of electronic evidence causes prejudice to another party” and the sanction should be “no greater than necessary to cure the prejudice.” Rule 37(e)(2) requires that “the party acted with the intent to deprive another party of the information's use in the litigation and subjects the spoliating party to more severe sanctions.”

The case exemplifies key eDiscovery issues, particularly the responsibilities of parties to preserve relevant electronic evidence once litigation is anticipated. The ruling emphasizes that failure to do so can result in substantial sanctions, impacting the ability to secure summary judgments and increasing litigation costs due to additional motions and sanctions.

Overall, Maziar v. City of Atlanta demonstrates the critical role of eDiscovery in modern litigation, where the proper management of electronic records can profoundly influence the outcomes and costs of legal disputes as well as the administration of justice.

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.