United States v. La. Generating LLC, 2010 U.S. Dist. LEXIS 20207, 2-3 (M.D. La. Mar. 5, 2010). For a copy of the decision click here.
In this environmental action, the Court entered an order affirming the stipulation of the paries as to the non-preservation of specific ESI and also the return of ESI pursuant to FRE 502. The parties agreed not to preserve:
i. Data duplicated in any electronic backup system for the purpose of system recovery or information restoration, including but not limited to, system recovery backup tapes, continuity of operations systems, and data or system mirrors or shadows, if such data are routinely purged, overwritten or otherwise made not reasonably accessible in accordance with an established routine system maintenance policy;
ii. Voicemail messages;
iii. Instant messages that are not ordinarily printed or maintained in a server dedicated to instant messaging;
iv. Electronic mail or pin to pin messages sent to or from a Personal Digital Assistant (e.g., BlackBerry Handheld) provided that a copy of such mail is routinely saved elsewhere;
v. Other electronic data stored on a Personal Digital Assistant, such as calendar or contract data or notes, provided that a copy of such information is routinely saved elsewhere;
vi. Logs of calls made from cellular phones;
vii. Deleted computer files, whether fragmented or whole;
viii. Temporary or cache files, including internet history, web browser cache and cookie files, wherever located;
ix. Server, system or network logs; and
x. Electronic data temporarily stored by laboratory equipment or attached electronic equipment, provided that such data is not ordinarily preserved as part of a laboratory report; . . .
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