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ARTICLE · 01 MAY 2012

Records Management @ Gowlings: April 26, 2012 - Volume 3, Number 4

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Motion by the defendant to compel production and for an order dismissing the plaintiff’s lawsuit as a sanction for intentional destruction of relevant evidence. In the main action, the plaintiff sued Mobile County Health Department ("Mobile") for discrimination on the basis of race.

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Edited by Louis A. Frapporti and Christopher Purdon

In this issue:

  • Legal Technology
  • News and Articles

LEGAL TECHNOLOGY

CASE LAW

Evans v. Mobile County Health Department No. CA 10-0600-WS-C, 2012 WL 206141 (S.D. Ala.)

Motion by the defendant to compel production and for an order dismissing the plaintiff's lawsuit as a sanction for intentional destruction of relevant evidence.  In the main action, the plaintiff sued Mobile County Health Department ("Mobile") for discrimination on the basis of race.  Plaintiff admitted to burning her personal computer in July 2011, roughly 8 months after she began her action.  Further, subject to an order dated June 23, 2011, the plaintiff was to take steps to preserve all electronically stored information ("ESI") in her possession.  The plaintiff's motion to compel was granted as there was no doubt that the productions sought were relevant to the action.

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