In Perez v. Metro Dairy Corp., No. 13 CV 2109 (E.D.N.Y. Apr. 6, 2015), the district court denied the plaintiffs’ motion for sanctions based on the defendants’ failure to produce employment documents when all of the defendants’ books, records, and computers were physically seized pursuant to a state court order in another case.  The district court held that the defendants did not violate their duty to preserve evidence because they did not destroy any evidence and their records were seized within 24 hours of the state court order.  The court also held that, even if the defendants had a duty to preserve the records that were seized, they lacked a sufficiently culpable state of mind because the defendants were simply complying with a court order.  The court also noted that the plaintiffs were able to obtain some of the evidence at issue from the company that seized the defendants’ records.