Extract to table

Under Federal Rule of Civil Procedure 37(e), if ESI that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and the lost information cannot be restored or replaced through additional discovery, the court may: (a) upon a finding of prejudice to another party from loss of the information, order measures no greater than necessary to cure the prejudice; or (b) only upon a finding that the party acted with the intent to deprive another party of the information's use in the litigation, presume that the lost information was unfavorable to the party, instruct the jury that it may or must presume the information was unfavorable, or dismiss the action or enter a default judgment

Any automated processes that would otherwise result in the destruction or overwriting of potentially relevant data — including, for example, email auto-deletion rules, backup tape rotation, or messaging platform purge cycles — must be suspended immediately with respect to all materials that fall within the scope of this hold

IDENTIFICATION OF KEY CUSTODIANS The following eleven (11) individuals have been identified as key custodians whose files, documents, and ESI must be preserved in their entirety

Each custodian must be individually notified of this litigation hold and must acknowledge receipt of the hold notice in writing, as described in Section VII below

Sung's files may be protected by the attorney-client privilege or work-product doctrine, they must be preserved in their entirety to facilitate privilege review and any necessary privilege logging

Xu is no longer a GenomeDx employee, GenomeDx must preserve all documents in its possession, custody, or control that originated from or were sent to Dr