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 information cannot be restored or replaced through additional discovery, the court may order measures no greater than necessary to cure the prejudice — or, upon a finding of intent to deprive another party of the information's use, may presume the lost information was unfavorable to the party that failed to preserve it, instruct the jury that it may or must presume the information was unfavorable, or dismiss the action or enter a default judgment

Categories of Documents and ESI to Be Preserved The following is a comprehensive, though not necessarily exhaustive, list of the categories of documents and ESI that must be preserved

Additionally, VHG must preserve all timekeeping data from any prior timekeeping system used by VHG before the Company's transition to Luminos Payroll Solutions Inc

To the extent that historical timekeeping data from such legacy systems has been migrated to Luminos TimeTrack or retained in a separate archive or database, all such data must be preserved intact

All system-audit logs and change-history logs generated by Luminos TimeTrack, including logs that record user access, data modifications, configuration changes, and error events, must be preserved in their native format

's processing of VHG's payroll must be preserved, including the master service agreement between VHG and Luminos Payroll Solutions Inc