In Sue v. Milyard, et. al., 2009 U.S. Dist. LEXIS 69199 (D. Colo. Aug. 6, 2009), U.S. Magistrate Judge Michael J. Watanabe denied plaintiff's motion for reconsideration in denying its motion for spoliation sanctions related to the deletion of video from defendants' video surveillance system.

Plaintiff's motion related to video footage of a strip search taken by a surveillance camera in defendants' gym.  The tape was automatically recorded over within five to seven days after the strip search due to the normal operating process of the camera's computer system.   The court held that defendants did not have notice or reasonably anticipate litigation until after the time-period had elapsed to recover the tape.  Thus, the tape was recorded over as part of defendants' routine business operations and before plaintiff made a request to preserve it.