216, 231, 238, 241, 245, 248, 267 and 275. Furthermore, as Hummer admits, plaintiffs obtained over 2,100 emails from the Napster trustee in which John Hummer was the sender or recipient, demonstrating that Hummer Winblad email communications regarding Napster did not cease after the distribution of the June 3, 2000 email. There was clearly some amount of email traffic on the Hummer servers related to Napster after the number of produced emails dropped off in June 2000. The precise number, of course, is impossible to determine given the fact that emails on Hummer Winblad servers were routinely deleted. As the party at fault for failing to preserve the emails, Hummer would typically bear the consequences of this uncertainty. See National Ass’n of Radiation Survivors, 115 F.R.D. at 557 (<HOLDING>) (internal quotations omitted); see also
holding that a court must review all of the documents claimed as privileged and cannot rely on a random sampling of documents to determine privilege holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable holding that where original documents were illegally seized those documents as well as all copies had to be returned holding that where the relevance and resulting prejudice from destruction of documents cannot be clearly ascertained because the documents no longer exist  the culpable party can hardly assert any presumption of irrelevance as to the destroyed documents holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist