Hart v. Dillon Cos., Inc., No. 12-CV-00238-RM-DW, 2013 WL 3442555 (D. Colo. July 9, 2013)

Key Insight: Where plaintiff sought sanctions for former employer?s spoliation of a tape containing a secretly recorded conversation ?which in part? led to Plaintiff?s termination, the court found that the tape was relevant, that Defendant had an obligation to preserve it (citing the fact that ?it knew that litigation was imminent? and a federal statute requiring the preservation of employment records concerning a terminated employee for 1 year from the date of termination), and that Plaintiff was prejudiced by the spoliation; in concluding that sanctions were warranted, court noted Defendant?s four month delay in issuing a litigation hold and indicated that ?[a]fter the duty to preserve attaches, the failure to collect taped recording from a key player is grossly negligent or willful?; what specific sanction would be imposed was not determined

Nature of Case: Employment Discrimination

Electronic Data Involved: Tape of secretly recorded conversation

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