Opinion
Civil Action No. 12-cv-01228-WYD-KMT
11-08-2012
WYATT T. HANDY JR., & on behalf of all persons who are and will be in the facility, Plaintiff, v. SHERIFF GREYSON ROBINSON, Defendant.
Magistrate Judge Kathleen M. Tafoya
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff's "Motion for Court to Order Defendant to Preserve Plaintiff's Jail Records" (Doc. No. 24, filed Sept. 19, 2012) is DENIED in part. Litigants "have a duty to preserve documents that may be relevant to pending or imminent litigation." Cache La Poudre Feeds, LLC. v. Land O'Lakes, Inc., 244 F.R.D. 614, 620 (D. Colo. 2007). As such, Defendant have a preexisting duty to preserve any records that may be relevant to this litigation, and the court need not affirmatively order that Defendant do so.