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Civil Procedure Keyed to Yeazell
Zubulake v. UBS Warburg LLP
Citation:220 F.R.D. 212 (S.D.N.Y. 2003)
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Plaintiff was hired in 1999 as a senior salesperson for Defendant. Plaintiff was passed over for a promotion, and the person who ended up with the job proceeded to harass Plaintiff. Plaintiff filed a charge of gender discrimination with the EEOC, and she was fired shortly thereafter. Plaintiff sued Defendant for gender discrimination, failure to promote, and retaliation. In response to Plaintiff‘s claim that all her allegations could be proven by email correspondence sent to Defendant‘s employees, the judge ordered the parties to share the costs of restoring Defendant‘s backup tapes containing the emails. Defendant accordingly ordered its employees to preserve information stored on backup tapes. However, several backup tapes were discovered to be missing. Plaintiff moved for sanctions against Defendant for failure to preserve the missing tapes, and the emails contained on those tapes, in federal district court.
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