PLAINTIFF'S OPPOSITION TO DEFENDANTS’ MOTION TODISMISS FOR WILLFUL SPOLIATION OF EVIDENCE(Cause No. CV 08-1827 JLR)Page 2
28th Floor, Washington Mutual Tower1201 Third AvenueSeattle, Washington 98101(206) 343-2700
any kind against Ms. Lindell. Rather, given the substantial misrepresentations and unfoundedallegations by Defendants, which maliciously call Ms. Lindell a liar (“[e]vidence conclusivelyshow(s). . . she was
319 at 4) a thief (she “absconded” with the laptop,
. at 2),and falsely attribute bad faith acts to Ms. Lindell (Lindell engaged in “malfeasance” when she“intentionally destroyed key evidence by wiping” the hard drive,
. at 1), Defendants shouldbe required to pay all Ms. Lindell's costs and fees associated with this Motion.
Ms. Lindell Preserved All Relevant Evidence and Never “Wiped” Her Laptop.
Throughout litigation, Ms. Lindell was careful not to delete or destroy any relevantinformation contained on her computer and did not ask anyone else to delete or destroyinformation on her behalf.
. The most relevant information in this case – documentsand e-mails related to Ms. Lindell’s work at the City – are on the City’s server and in the City’spossession.
. Indeed, both City Manager Conrad and City Attorney Knight testified that theCity began monitoring Ms. Lindell’s computer use prior to her April 2008 termination,including pulling documents from her computer.
Lindell Decl., Exhs. D & E.
Thus, all work related materials are already in the City’s possession.Since April 2008, Ms. Lindell has not had access to the City’s server or her work e-mailaccount, and accordingly, any such work documents or e-mails could not have been destroyedby Ms. Lindell.
Moreover, Ms. Lindell has preserved her e-mails from herpersonal hotmail account (created in or around May 2008) and did not delete any responsivedocuments from her laptop.
Lindell Decl., Exh. C.
Rather, all relevant, responsive informationhas been produced to Defendants.1.
Lindell Was Not In Possession Of Her Laptop When She Allegedly “Wiped” theHard Drive; PC Doctor Was Removing Viruses Both Times.Ms. Lindell’s personal laptop computer has been the subject of several motionsthroughout the course of this litigation.
38, 60, 64, 74, 220, 221, 231, 238, 239, 252,
Case 2:08-cv-01827-JLR Document 341 Filed 03/21/11 Page 3 of 14