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- ilnd;;1:13-cv-01228_de61 RegisterActionDate "2014-08-29" @default.
- ilnd;;1:13-cv-01228_de61 RegisterActionDescriptionText "MEMORANDUM Opinion and Order. 76951BC motion for sanctions for spoliation of evidence 37 is granted. The record in this case establishes that District 89 should be sanctioned by an adverse inference for its bad faith conduct. District 89 had a duty to maintain the Board Recordings, which were clearly relevant, and District 89 had notice of its duty well before it destroyed the recordings. District 89 destroyed the Board Recordings in bad faith when it did not suspend its usual document destruction policies. Plaintiff 76951BC has suffered substantial prejudice as a result of District 89's actions because she has been deprived of perhaps the best evidence concerning District 89's real reasons for her termination. That is why as a sanction for District 89's destruction of evidence, an inference will be drawn that the destroyed recordings of the District 89's boards meetings contained evidence adverse to District 89's interest in this litigation. The details of the scope of the adverse inference and the exclusion of further evidence related thereto will be evaluated when, and if, this case proceeds to trial. Regarding other pretrial matters, Defendant's pending motion for summary judgment 39 is denied. In light of the adverse inference against District 89, the material facts as to Districts 89s reasons for terminating 76951BC are, at a minimum, disputed. When the adverse inference is evaluated under the summary judgment standard, the material facts tend to support 76951BC claim of discrimination. The parties are strongly encouraged to discuss settlement. Signed by the Honorable James F. Holderman on 8/29/2014. Notice mailed by judge's staff (ntf, ) (Entered: 08/29/2014)" @default.
- ilnd;;1:13-cv-01228_de61 AdministrativeID "60" @default.
- ilnd;;1:13-cv-01228_de61 OntologyLabel order @default.
- ilnd;;1:13-cv-01228_de61 hasReferenceToOtherEntry ilnd;;1:13-cv-01228_de38 @default.
- ilnd;;1:13-cv-01228_de61 hasReferenceToOtherEntry ilnd;;1:13-cv-01228_de40 @default.