In Federico v. Lincoln Military Housing, LLC, No. 12-cv-80, 2014 WL 7447937 (E.D. Va. Dec. 31, 2014), the defendants moved for sanctions due to the plaintiffs’ failure to produce text messages from their mobile phones. The district court held that no sanctions were warranted because the loss of the plaintiffs’ text messages “was the result of the routine, good-faith operation of their phones” and was thus shielded from sanctions pursuant to Fed. R. Civ. P. 37(e), which provides that a court should not normally impose sanctions for the loss of information “as a result of the routine, good-faith operation of an electronic information system.” The court took notice of several studies, publications, and judicial decisions, and concluded that text messages are deleted automatically in the ordinary course of using a mobile phone or the cellular network. The court held that the “the complex, automatic, and robust operation of cellular services constitutes an ‘electronic information system’” under Rule 37(e).