A United States Magistrate Judge in the Southern District of New York rejected an employee’s claim that affidavits executed by the employer’s chief information officer and an electronic evidence consultant were incomplete, misleading, and contained outright false statements because they improperly focused on back-up tapes and violated the magistrate’s order by not addressing the costs of searching and contents of the database and archives that the consulting firm maintained containing the employer’s e-mails. The court found that the employer and its counsel acted appropriately in focusing on back-up tapes as the most complete source for the requested e-mails and they did not mislead the employee or the court as to other available storage systems because the other systems contained far less data. Quinby v. WestLB AG, No. 04-7406, 2005 U.S. Dist. LEXIS 35583 (S.D.N.Y. Dec. 15, 2005).
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