Preservation Orders & First Amendment Rights on Social Networking Sites

Requests for preservation of documents should be discussed with your foreclosure defense attorney. It appears from discussions with our attorneys and law professors that preservation is essential – especially given that electronic data in this “seamless automation” of securitization patented software can be deleted or destroyed.

Bow Tie Law's Blog

In a case originally filed in California State Court, a Plaintiff brought a civil rights action against Facebook for alleged First and Fourteenth Amendment violations.  The Defendant removed the case to Federal Court.  Young v. Facebook, Inc., 2010 U.S. Dist. LEXIS 98261, at *1-2 (N.D. Cal. Sept. 13, 2010).

The Plaintiff sought a preservation order against the Defendants.  Young, at *2.

Judge Fogel summarized general preservation obligations in Federal Court, according to 9th Circuit precedent:

Parties to a civil action in federal court are under a duty to preserve evidence that they know is relevant or reasonably could lead to the discovery of admissible evidence. Leon v. IDX Sys. Corp., 464 F.3d 951, 959 (9th Cir. 2006). This obligation, backed by the court’s power to impose sanctions for the destruction of such evidence, is sufficient in most cases to secure the preservation of relevant evidence. Before additional measures to preserve evidence are implemented…

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