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Civil Procedure Keyed to Yeazell
Mueller v. Swift
Citation:
2017 WL 3058027 (D. Colo. 2017)Facts
Defendant Swift alleged that Plaintiff intentionally and inappropriately touched her buttocks. The next day, Defendant KYGO called him in for a meeting to discuss the incident, which Plaintiff secretly recorded. After the meeting, Defendant KYGO fired Plaintiff. Plaintiff contacted an attorney and substantially edited the recording. Plaintiff sent only the edited clips of the recording to his attorney. Plaintiff sued Defendants, alleging tortious interference. The Defendants requested an unedited copy of the recording. Plaintiff testified that he broke his laptop by spilling coffee on it and that his external hard drive on which he stored files stopped working. Therefore, Plaintiff did not produce the entire recording. The Defendants requested that the court sanction Plaintiff for his spoliation of evidence, in the form of adverse-inference jury instructions.
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