Case 1:14-cv-10155-KBF Document 37 Filed 09/14/15 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X : MALIBU MEDIA, LLC, : : Plaintiff, : : vs. : : : JOHN DOE subscriber assigned IP address : 108.30.247.86, : : Defendant. : -----------------------------------------------------------------X Case No. 1:14-cv-10155-KBF Judge Forrest NOTICE OF PLAINTIFF’S INTENTION TO FILE MOTION FOR SANCTIONS DUE TO DEFENDANT’S PERJURY AND SPOLIATION OF EVIDENCE Please take notice that Plaintiff’s computer forensic examiner has discovered that Defendant used military grade computer wiping software to delete material evidence from his hard drive. The wiping software was used just three days prior to Defendant delivering his computer for imaging. The extent of the destruction of evidence is massive. Defendant has also committed material perjury in this case. As a result of the foregoing, Plaintiff will soon be moving for sanctions. Plaintiff’s expert is still working on Plaintiff’s expert report, but Plaintiff will serve same upon its completion. Respectfully submitted, By: 1 /s/ Jacqueline M. James Jacqueline M. James, Esq. (1845) The James Law Firm, PLLC 445 Hamilton Avenue Suite 1102 White Plains, New York 10601 T: 914-358-6423 F: 914-358-6424 Case 1:14-cv-10155-KBF Document 37 Filed 09/14/15 Page 2 of 2 E-mail: jjameslaw@optonline.net Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on September 14, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF and that service was perfected on all counsel of record and interested parties through this system. By: /s/ Jacqueline M. James 2