Kirgan v. FCA LLC, No. 10-1392, 2013 WL 1500708 (C.D. Ill. Apr. 10, 2013)

Key Insight: Where an employee of Defendant first denied he kept a calendar and then testified that he kept a daily electronic calendar but routinely deleted information after a day had passed and that he had continued such deletions even after being told that the entries were sought by the plaintiff in discovery, the court found that Defendant was culpable for the employee?s actions and for its own failure to notify its employees of the duty to preserve and imposed sanctions including an adverse inference, preclusion of the use of certain evidence, and monetary sanctions equal to double the amount incurred for preparation of the sanctions motion

Nature of Case: Wrongful termination

Electronic Data Involved: Calendar entries