The Repository reports that Magistrate Judge Ajay Krishnan said at a hearing on WP Engine’s spoliation motion that he is inclined to deny its bid to sanction Automattic and Matt Mullenweg over messages it alleges were destroyed, calling Mullenweg’s September 2024 post inviting contact via Signal with disappearing messages “admittedly problematic” while saying the rest of the record did not support a finding of spoliation. WP Engine alleges Mullenweg’s WhatsApp and Signal messages were not captured until 20 months after Automattic’s duty to preserve evidence began and wants the jury instructed to presume the lost messages supported its claims, while Automattic argues WP Engine cannot identify a single missing message. The remarks mark a shift in tone from April, when Krishnan ordered Mullenweg to explain the missing messages under oath.
Judge signals he is unlikely to sanction Automattic over missing messages in WP Engine suit
The Repository reports that Magistrate Judge Ajay Krishnan said at a hearing on WP Engine's spoliation motion that he is inclined to deny its bid to sanction Automattic and Matt Mullenweg over messages it alleges were destroyed, calling Mullenweg's September 2024 post inviting contact via Signal with disappearing messages "admittedly problematic" while saying the rest of the record did not support a finding of spoliation. WP Engine alleges Mullenweg's WhatsApp and Signal messages were not captured until 20 months after Automattic's duty to preserve evidence began and wants the jury instructed to presume the lost messages supported its claims, while Automattic argues WP Engine cannot identify a single missing message. The remarks mark a shift in tone from April, when Krishnan ordered Mullenweg to explain the missing messages under oath.
Source: Therepository