In Malibu Media, LLC v. Tashiro, No. 13-CV-00205 (S.D. Ind. May 18, 2015), the magistrate judge recommended entry of a default judgment in favor of the plaintiff on its copyright infringement claim against a married couple after finding that the defendants “spoiled evidence, committed perjury, and failed to fulfill their discovery obligations.”  The court found that the husband intentionally deleted files before handing over hard drives to the plaintiff’s expert.  The court further found that the wife was also liable for the husband’s conduct because she failed to investigate whether her answers to plaintiff’s discovery requests were truthful and she turned over to her husband the responsibility for producing responsive information.  The court also rejected the defendants’ argument that sanctions were inappropriate because the deleted files could be recovered.  The court held that “even if Plaintiff in this case had been able to recover all files that [the husband] deleted, sanctions would still be appropriate,” including that sanctions are appropriate for “mere attempts to destroy or withhold evidence” and because the recovery of deleted files may alter the “metadata associated with those files.”