Archive: June 7, 2010

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Reckless and Grossly Negligent Failure to Preserve Results in Sanctions for Defendant

Reckless and Grossly Negligent Failure to Preserve Results in Sanctions for Defendant

Jones v. Bremen High School Dist. 228, 2010 WL 2106640 (N.D. Ill. May 25, 2010)

Despite receipt of plaintiff’s EEOC claim alleging employment discrimination, defendant failed to institute a litigation hold.  Instead, defendant identified three individuals likely to possess responsive information and asked them to identify and preserve relevant evidence.  Some of the individuals identified were substantially involved in the alleged discriminatory treatment of the plaintiff.  Despite this failure, defendant eventually produced most of the requested information, although some email was deemed likely to have been lost forever.  Finding defendant’s preservation efforts “reckless and grossly negligent”, the court ordered sanctions.

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