Pippins v. KPMG LLP

2011 WL 4701849 (2011)

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Pippins v. KPMG LLP

United States District Court for the Southern District of New York
2011 WL 4701849 (2011)

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Facts

Kyle Pippins (plaintiff) filed a federal class-action lawsuit against his former employer, KPMG LLP (defendant), alleging that KPMG had violated various federal and state employment laws. The district court had not yet certified the class of plaintiffs, but the class potentially consisted of 7,500 other former KPMG employees. Believing that the hard drives from each former employee’s KPMG-issued laptop could contain useful evidence, Pippins sought to have the drives preserved. KPMG moved for a protective order limiting its duty to preserve the drives. KPMG argued that the cost of preserving all 7,500 drives was disproportionate to the potential benefit. Pippins responded that total preservation was necessary unless KPMG could provide a meaningful sample of what was on the drives.

Rule of Law

Issue

Holding and Reasoning (Cott, J.)

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