United States v. Krause (In re Krause), 2007 Bankr. LEXIS 1937, at *76 (Bankr. D. Kan. June 4, 2007).

The Court held FRCP Rule 37(f)’s safe harbor, from spoliation sanctions, did not apply where Defendant failed to disable the running of a wiping software program as soon as the preservation duty attached and later reinstalled the wiping software after his computers crashed.  The Court, in granting Plaintiff’s motion for sanctions, noted: “[j]ust as a litigant may have an obligation to suspend certain features of a ‘routine operation,’ the Court concludes that a litigant has an obligation to suspend features of a computer’s operation that are not routine if those features will result in destroying evidence.”

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