Government Agency has a Five-year document retention policy

Government Agency has a five-year document retention policy. In other words, they must keep documents for five years. Once the five years expires, Government Agency destroys the document automatically. On January 2, 2005, without any warning, John Doe filed a lawsuit and served Government Employer.

A litigation hold was placed on January 5, 2005. Through discovery, John Doe, in a request for production, seeks his old hard drive. In accordance with the retention policy, Government Agency destroyed the hard drive on December 31, 2004.  Now, John Doe claims Government Employer is guilty of intentional spoliation. Is Government Employer guilty of spoliation? Why or why not? Fully explain the steps a court must use to determine spoliation.