Archive - January 31, 2012

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Plaintiff Sanctioned for Burning Personal Computer

Plaintiff Sanctioned for Burning Personal Computer

Evans v. Mobile Cnty. Health Dept., No. CA 10-0600-WS-C, 2012 WL 206141 (S.D. Ala. Jan. 24, 2012)

In this case, the defendant sought to compel the production of additional information and sanctions for plaintiff’s destruction of her computer.  Following its analysis of the facts, including plaintiff’s admission that the computer used during the time of her alleged harassment had been burned and replaced, the court granted defendant’s motions and compelled production of additional ESI as well as plaintiff’s new computer and imposed sanctions, including an adverse inference instruction.

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