Willful or Grossly Negligent Destruction of ESI Allows Presumption of Prejudice

“Previously in this case, the Magistrate Judge declined to impose spoliation sanctions for Plaintiff’s deletion of emails and other ESI belonging to two important custodians absent a showing that the defendants were prejudiced by the destruction. Upon Defendants’ objections, the district court reversed the denial of sanctions and imposed an adverse inference and monetary sanctions. In doing so, the Court reasoned that prejudice was presumed because the evidence was destroyed intentionally and explained that no showing of malice was required.”