Sanctions for Post-Filing Computer Destruction
APC Filtration v. Becker, No. 07 C 1462, 2007 WL 3046233 (N.D. Ill. Oct. 12, 2007) (Ashman, J.)
Judge Ashman granted in part plaintiff’s motion for discovery sanctions based upon defendant William Becker’s (“Becker”) disposal of his personal computer, which had allegedly crashed, in a dumpster twenty miles from Becker’s home, after plaintiff filed its Complaint. The Court held that Becker’s post-filing destruction of evidence was in bad faith and ordered sanctions pursuant to the Court’s inherent powers and Fed. R. Civ. P. 37. The Court did not grant a default judgment, but held that the destruction prejudiced plaintiff’s misappropriation claims. And as an intermediate sanction, the Court held that defendant Becker had communications with two third-party customers of plaintiff during Becker’s employment with plaintiff for the purpose of inducing the third parties to enter exclusive agreements with defendant SourceOne Plus, Becker’s new employer. The Court also awarded plaintiff certain related attorney’s fees and costs.
