MASTR ADJUSTABLE RATE MORTGAGES TRUST 2006-OA2 v. UBS REAL ESTATE SECURITIES INC.

No. 12 Civ. 7322 (HB) (JCF).

MASTR ADJUSTABLE RATE MORTGAGES TRUST 2006-OA2, MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-1, MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-3, Plaintiffs, v. UBS REAL ESTATE SECURITIES INC., Defendant.

United States District Court, S.D. New York.

October 23, 2013.


MEMORANDUM AND ORDER

JAMES C. FRANCIS, IV, Magistrate Judge.

The spoliation motion now before the Court raises significant issues about when the duty to preserve evidence arises, what constitutes an adequate litigation hold, and what degree of culpability warrants spoliation sanctions. Determination of the motion ultimately turns, however, on whether relevant information has been lost.

The defendant, UBS Real Estate Securities, Inc. ("UBS"), contends...

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