In TLS Management & Marketing Services LLC v. Rodriguez-Toledo, No. 15-2121 (D.P.R. Mar. 27, 2017), plaintiff moved for spoliation sanctions under Federal Rule of Civil Procedure 37 after ESI stored on defendants’ laptop, external hard drive, and iPhone was lost. One month after filing suit, plaintiff specifically informed defendants that they should preserve ESI on cell phones, hard drives, and computers because the data were “important” to the litigation. Nevertheless, defendants discarded a malfunctioning laptop three months later and deleted the contents of an external hard drive after transferring the hard drive’s contents to a USB flash drive provided to defendants’ attorney. Noting that the “fact that a personal computer stops functioning is by no means a death knell for the data it contains,” the court ordered an adverse inference sanction for the loss of the laptop because defendants discarded the computer “without making any attempt whatsoever to preserve all the potential ESI within, including potential metadata or files not copied or transferred elsewhere.” The court also ordered an adverse inference instruction for lost data from the hard drive, and further granted plaintiff’s request for a forensic examination of the hard drive at defendants’ expense. Defendants opposed these sanctions on the grounds that the data on the laptop and the hard drive were copied to a cloud-computing service and a USB flash drive, respectively, but the court found that defendants failed to bear their “heavy burden” to show a lack of prejudice to plaintiff where they had not proffered clear and convincing evidence that all information stored on the laptop and the hard drive, including metadata, was still discoverable from the preserved information. The court denied sanctions for lost ESI stored on the defendants’ iPhone, however, because defendants asserted that the iPhone had been lost, and plaintiff had failed to satisfy its burden to show that the iPhone was not inadvertently lost or to show the approximate time when the iPhone was lost.