Moreno v. Ostly. In this appellate review, the producing party strenuously contested production of the plaintiff's cell phone and computer even though evidence was established showing at least the cell phone had relevant text messages on the device. After finally disclosing the devices, which were not the ones in use during the relevant period of time, plaintiff's counsel admitted that the relevant devices with the relevant ESI had been discarded and not available. (read more).
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