In Firestone v. Hawker Beechcraft Int’l Service Co. [pdf], No. 10-1404 (D.Kan Mar. 16, 2012), U.S. Magistrate Judge K. Gary Sebelius, granted in part, and denied in part, the defendants’ motion for sanctions, holding that the defendants failed to demonstrate that the plaintiff destroyed relevant evidence.  However, the court granted the defendants’ request for sanctions in light of the plaintiff’s failure to produce income tax records and a copy of his diploma per the court’s prior order.

In this breach of contract action, the plaintiff alleges that the defendants failed to pay him $650,000 in severance and other earned income.  The defendants counter that the plaintiff was not entitled to additional compensation because he allegedly failed to act as a “good and faithful servant” and copied or removed confidential and proprietary information from the defendants’ computer systems.  The defendants moved to compel 12 USB drives that they contended the plaintiff used on his company-issued laptop prior to his termination.  The plaintiff produced eight USB devices, but only three matched the serial numbers that the defendants’ forensic expert claimed were related to USB drives attached to the plaintiff’s computer.  However, the court held that the defendants failed to meet their burden that the serial numbers were related to relevant electronically stored information, particularly considering that four of the serial numbers turned out to be for the defendants’ modems. The court, however, did sanction the plaintiff for failing to turn over his income tax and diploma pursuant to a prior court order.