Pow & Allied Aviation Civil Action No. 10–cv–1090–ES–SCM. March 25, 2013. Allied Baggage Handler Airplane Feuler Stairs causes to crash into Frank GATTO v.
torn rotator cuff torn medial meniscus back injuries injuries have rendered (me) permanently disabled, and... disability limits (my) physical and social activities. & Allied Aviation seek discovery re: social life and injuries.
after some back and forth...
...the magistrate judge ordered Gatto release objected to subpoena logged into account Gatto deactivates account Account gets deleted subpoenaed records from Start here Gatto thought would not log into account Finish Defendant motions for spoliation sanctions including: adverse inference attorneys' fees 1 2 Spoiler Alert: yes to inference no to fees don't read this box notifies Gatto that an unknown IP logged in effect cause information.
This case has three lists: i. potential spoliation sanctions ii. criteria for determining appropriate sanction ii. four prerequisites for ordering an adverse instruction Spoiler Alert: yes to inference no to fees don't read this box
Potential spoliation sanctions include: dismissal of a claim judgment in favor of a prejudiced party suppression of evidence adverse inference fines attorneys' fees and costs X List i
(1) The degree of fault of the party who altered or destroyed the evidence; In determining which sanction is appropriate courts consider the following: (2) The degree of prejudice suffered by the opposing party; and (3) Whether there is a lesser sanction... ...that will serve to deter such conduct by others in the future. List ii
factor analysis 4 was within the party's control there was an actual suppression of destroyed or withheld was relevant reasonably foreseeable would be discoverable List iii
the court orders the adverse inference. An adverse inference, or “spoliation instruction,” permits a jury to infer that the fact that a document was not produced or destroyed is “evidence that the party that has prevented production did so out of the well-founded fear that the contents would harm him.” Plaintiff deactivated the account This led to the account being deleted Which prejudiced defendants
However: a. nofraud b. nota diversionary tactic NOfees So: