Nina Agdal’s attorneys filed a letter with the courts claiming that Dillon Danis “very seemingly” broken his personal cellphone to forestall proof being collected in an ongoing lawsuit in opposition to the fighter.
Agdal, a mannequin and social influencer who’s in a relationship with Logan Paul, filed the lawsuit in opposition to Danis again in 2023 claiming he posted “despicable” issues about her greater than 250 occasions since a boxing match he booked in opposition to Paul was first introduced. Agdal claimed she suffered “humiliation, emotional misery and reputational hurt” from Danis’ repeated posts about her.
Agdal additionally claimed that no less than one publish Danis made concerned a sexually express picture taken from a “romantic encounter” greater than 10 years in the past, alleging it violated federal and state regulation.
Following loads of forwards and backwards between attorneys, Danis finally submitted his cellphone for examination however Agdal’s attorneys at the moment are crying foul that he might have purposefully destroyed the system earlier than handing it over.
“We write to apprise the Court docket that an unbiased forensic specialist carried out an preliminary inspection of Defendant Dillon Danis’s lifeless mobile phone and decided it is vitally seemingly its situation is the results of an intentional effort to render it inoperable and, thus, destroy electronically saved info (ESI) central to this case,” Agdal’s attorneys wrote in a letter addressed to Decide Michael Hammer.
“We due to this fact request that, as a precursor to a movement for spoliation sanctions below Fed. R. Civ. P. 37, the Court docket order Defendant to pay the bills related to finishing a forensic examination of the telephone as a way to verify whether or not the information thereon is unrecoverable, as seems to be the case. Plaintiff already incurred over $5,000 in forensic bills, and, below the circumstances, it could be unjust for Plaintiff to bear the extra bills.”
Agdal’s attorneys declare that the telephone was the “unique system” Danis used to publish about their consumer and seek for content material of her to publish. In addition they allege that third-party discovery “revealed that he additionally used the telephone to textual content with others about his harassing conduct and to coordinate future posts about [Agdal], regardless of denying below oath that he had finished so in his interrogatory solutions.”
Within the letter, Agdal’s attorneys say {that a} forensic specialist employed to look at the telephone confirmed that the charging port was “rendered inoperable” and the system is not going to activate. The forensic skilled provided his opinion that contradicts Danis’ claims in testimony that the system died “after he took it within the sauna after which subsequently tried to cost it.”
The attorneys declare the forensic skilled “signifies it seems extremely seemingly that [Danis] is mendacity about how his telephone was broken.”
Whereas the attorneys nonetheless hope to restoration extra information from the telephone, the prices incurred nonetheless fall on Agdal with estimates working as much as $5,000 for the preliminary subsequent steps to get the system to energy on once more after which a further $16,200 to $23,500 in charges to “extract any information that’s recoverable.”
Danis’ attorneys opposed the bills associated to a forensic skilled analyzing the system as a result of the lawsuit entails “posting of {a photograph} on Twitter that discovery on this case has established, was taken by [Agdal’s former boyfriend] and subsequently made out there on the web, together with a mess of different nude images of [Agdal], who earns her residing by posing in a state of partial and full undress.”
In addition they argued that Danis major technique of communication was from messaging — not e-mail or textual content — and Agdal’s attorneys have already acquired all of his Twitter, What’s App and Fb messaging.
“There isn’t any proof that there’s any materials of considerable worth on [Danis] non-functioning cellular phone,” Danis’ attorneys wrote.
The letter by Agdal’s attorneys was filed on Dec. 4. The decide hasn’t issued any ruling but on the matter.
When submitting the lawsuit in opposition to Danis, Agdal requested for unspecified damages and she or he’s requesting at least $150,000 per violation of federal regulation, which prohibits sharing intimate photographs.
