Nina Agdal’s attorneys claim Dillon Danis ‘very likely’ destroyed his own cell phone to prevent evidence being collected

Nina Agdal’s attorneys filed a letter with the courts claiming that Dillon Danis “very likely” damaged his own cell phone to prevent evidence being collected in an ongoing lawsuit against the fighter.

Agdal, a model and social influencer who is in a relationship with Logan Paul, filed the lawsuit against Danis back in 2023 claiming he posted “despicable” things about her more than 250 times since a boxing match he booked against Paul was first announced. Agdal claimed she suffered “humiliation, emotional distress and reputational harm” from Danis’ repeated posts about her.

Agdal also claimed that at least one post Danis made involved a sexually explicit image taken from a “romantic encounter” more than 10 years ago, alleging it violated federal and state law.

Following plenty of back and forth between attorneys, Danis eventually submitted his cell phone for examination but Agdal’s attorneys are now crying foul that he may have purposefully destroyed the device before handing it over.

“We write to apprise the Court that an independent forensic specialist conducted an initial inspection of Defendant Dillon Danis’s dead cellular phone and determined it is very likely its condition is the result of an intentional effort to render it inoperable and, thus, destroy electronically stored information (ESI) central to this case,” Agdal’s attorneys wrote in a letter addressed to Judge Michael Hammer.

“We therefore request that, as a precursor to a motion for spoliation sanctions under Fed. R. Civ. P. 37, the Court order Defendant to pay the expenses associated with completing a forensic examination of the phone in order to confirm whether the data thereon is unrecoverable, as appears to be the case. Plaintiff already incurred over $5,000 in forensic expenses, and, under the circumstances, it would be unjust for Plaintiff to bear the additional expenses.”

Agdal’s attorneys claim that the phone was the “exclusive device” Danis used to post about their client and search for content of her to post. They also allege that third-party discovery “revealed that he also used the phone to text with others about his harassing conduct and to coordinate future posts about [Agdal], despite denying under oath that he had done so in his interrogatory answers.”

In the letter, Agdal’s attorneys say that a forensic specialist hired to examine the phone confirmed that the charging port was “rendered inoperable” and the device will not turn on. The forensic expert offered his opinion that contradicts Danis’ claims in testimony that the device died “after he took it in the sauna and then subsequently tried to charge it.”

The attorneys claim the forensic expert “indicates it appears highly likely that [Danis] is lying about how his phone was damaged.”

While the attorneys still hope to recovery additional data from the phone, the costs incurred still fall on Agdal with estimates running up to $5,000 for the initial next steps to get the device to power on again and then an additional $16,200 to $23,500 in fees to “extract any data that is recoverable.”

Danis’ attorneys opposed the expenses related to a forensic expert examining the device because the lawsuit involves “posting of a photograph on Twitter that discovery in this case has established, was taken by [Agdal’s former boyfriend] and subsequently made available on the internet, along with a multitude of other nude photographs of [Agdal], who earns her living by posing in a state of partial and complete undress.”

They also argued that Danis primary means of communication was from messaging — not email or text — and Agdal’s attorneys have already received all of his Twitter, What’s App and Facebook messaging.

“There is no evidence that there is any material of substantial value on [Danis] non-functioning mobile telephone,” Danis’ attorneys wrote.

The letter by Agdal’s attorneys was filed on Dec. 4. The judge hasn’t issued any ruling yet on the matter.

When filing the lawsuit against Danis, Agdal asked for unspecified damages and she’s requesting no less than $150,000 per violation of federal law, which prohibits sharing intimate images.