Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document: Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Jurisdiction: United States (federal)
Effective Date: 2010-09-01
Original Source: https://www.courtlistener.com/opinion/174536/gallagher-v-magner-ex-rel-city-o... ↗

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A brief history of the discovery disputes in this case is appropriate. Appellants
filed their complaints in these actions in May 2004, March 2005, and July 2005.
Initial discovery requests were served as early as November 2004. In 2007,
Appellants learned that, pursuant to routine document-retention policies, the City
destroyed emails sent or received prior to December 2005 and Truth-in-Sale-of-
Housing (“TISH”) reports from 2001 to 2003.9 Appellants moved for sanctions
against the City based on the City’s failure to produce several documents not relevant
to this appeal and failure to place a litigation hold on destruction of TISH reports and
emails/e-data. The magistrate judge denied the motion for sanctions, explaining that
Appellants failed to demonstrate prejudice, i.e., that the material would have contained
pertinent evidence. The magistrate judge noted that Appellants could renew their
motion for sanctions if and when they could demonstrate prejudice. The district court
affirmed the magistrate judge’s denial of sanctions.

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