Benton v. Dlorah, Inc., 2007 WL 2225946 (D. Kan. Aug. 1, 2007)
In this employment discrimination case, defendants moved to compel plaintiff to provide complete responses to requests for production, to produce the hard drive of her personal computer for inspection and copying, and to stop destroying emails and other relevant evidence. Defendants had requested all communications between plaintiff and defendant National American University or its employees, agents, or students. Plaintiff produced some documents as part of her initial disclosures and in response to defendants’ discovery requests. In subsequent discussions regarding the sufficiency of plaintiff’s production, plaintiff’s counsel informed defense counsel that plaintiff had deleted email correspondence with her students and could not produce any additional emails beyond what she had already provided in her initial disclosures. Prompted by concerns about recovering these emails, as well as the discovery responses, defendants requested that she produce the hard drive of her personal home computer to facilitate recovery of the deleted emails by a computer forensics specialist. Plaintiff refused to produce her computer hard drive without an order of the court. After further efforts to resolve the discovery dispute, defendants filed a motion to compel.