YODER & FREY AUCTIONEERS, INC.; REALTIMEBID.COM, LLC, Plaintiffs-Appellees, v. EQUIPMENTFACTS, LLC, Defendant-Appellant., 774 F.3d 1065

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HOLDINGS: [1]-The district court did not abuse its discretion in refusing to impose a spoliation sanction on plaintiffs based on destruction of software and hardware used during an online auction and the original logs those systems produced. The district court found that defendant did not make a sufficient showing of relevance; [2]-Documents identifying Internet Protocol addresses were properly admitted as business records. The documents and testimony provided by ISP representatives satisfied the requirements of Fed. R. Evid. 803(6); [3]-There was sufficient evidence to find that defendant violated the Computer Fraud and Abuse Act, 18 U.S.C.S. § 1030(a)(5)(C), by accessing the auction without authorization. Evidence showed that defendant caused damage by placing false bids and occupying bidding slots and caused loss because an investigation and a damage assessment were necessary.