Green v. Potter

Filing 128

ORDER re: Plaintiff Marvin Green's Objection and Appeal of Magistrate Judges Order Dated November 20, 2012 (Doc. 91) 94 . ORDERED that The Magistrate Judge's Order 91 is REVERSED. Additionally, Plaintiff's motion for sanctions 97 is GRANTED, by Judge Lewis T. Babcock on 1/24/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE

Civil Case No. 10-cv-02201-LTB-KMT
MARVIN GREEN,
Plaintiff,
v.
PATRICK R. DONAHOE, Postmaster General, United States Postal Service,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on Plaintiff Marvin Green’s Objection and Appeal of Magistrate
Judge’s Order Dated November 20, 2012 (Doc. 91) [Doc #94], and Plaintiff’s Motion for Sanctions
Based on Court’s Order Dated November 20, 2012 (Doc. 91) [Doc #97]. Oral arguments on both
were held on January 24, 2013. For the reasons stated on the record at oral arguments, IT IS
ORDERED THAT:
1)

The Magistrate Judge’s Order dated November 20, 2012 [Doc #91], is REVERSED
as clearly erroneous. The proper sanction is a jury instruction that Ms. Ehrenshaft’s
destruction of Mr. Price’s records is evidence of pretext of unlawful discrimination,
and the jury will be so instructed. The Magistrate Judge’s order is modified and
amended accordingly. Furthermore, the court will consider Ms. Ehrenshaft’s
conduct as evidence of pretext when considering Defendant’s pending motion for
summary judgment.

2)

Additionally, Plaintiff’s motion for sanctions is GRANTED. Consequently, the jury
will be instructed that Ms. Ehrenshaft’s destruction of Mr. Soo and Mr. Maes’s
records is evidence of pretext of unlawful discrimination. The Court will likewise
consider that conduct evidence of pretext when considering Defendant’s pending
motion for summary judgment.

Date: January

24

, 2013, in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE