Witt v. Department of the Air Force et al

Filing 115

MOTION for Sanctions due to Spoliation of Evidence by Plaintiff Margaret Witt. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/6/2010, (Dunne, Sarah)

Witt v. Department of the Air Force et al

Doc. 115 Att. 1

1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 25 24 26 25 27 26 28 27 29 28 29 1 Pending before the Court is Plaintiff's Motion for Sanctions Due to Spoliation of Evidence. Upon review of all argument submitted by the parties, the Court hereby GRANTS Plaintiff's Motion for Sanctions Due to Spoliation of Evidence and the Court sanctions Defendants as follows: (1) Plaintiff is entitled to an adverse evidentiary inference that command for the 446th AES is aware of other gay or lesbian members of the unit, and disciplined them for a lesser offense, but did not pursue any disciplinary action against them under the Don't Ask Don't Policy; (2) Plaintiff is entitled to an adverse evidentiary inference that General Crabtree was ordered by Air Force Reserve Command Headquarters to remove Major Witt from the Air Force;
[PROPOSED] ORDER GRANTING PL MOT. FOR SANCTIONS DUE TO SPOLIATION OF EVIDENCE (Case No. 06-5195) - 1

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN WASHINGTON AT TACOMA DIVISION MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE; ET AL., Defendants.

No. C06-5195 RBL [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SANCTIONS DUE TO SPOLIATION OF EVIDENCE

ACLU OF WASHINGTON FOUNDATION

901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone] Dockets.Justia.com

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(3) Plaintiff is awarded reasonable attorney fees and costs for this motion. Plaintiff is granted leave to file an application and declaration(s) for reasonable attorney fees and costs within fifteen days of the filing of this Order. IT IS SO ORDERED. DATED this ______ day of July, 2010. _______________________________ Ronald B. Leighton UNITED STATES DISTRICT JUDGE Presented By: By: __/s/ Sarah A. Dunne__________ Sarah A. Dunne, WSBA# 34869 Sher S. Kung, WSBA #42077 ACLU OF WASHINGTON FOUNDATION 901 Fifth Avenue #630 Seattle, WA 98164 Tel: [phone] [e-mail] [e-mail] James Lobsenz, WSBA#8787 CARNEY BADLEY SPELLMAN 701 5th Ave Ste 3600Seattle, WA 98104-7010 Tel. [phone] [e-mail] Attorneys for Plaintiff

[PROPOSED] ORDER GRANTING PL MOT. FOR SANCTIONS DUE TO SPOLIATION OF EVIDENCE (Case No. 06-5195) - 2

ACLU OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630 Seattle, Washington 98164 [phone]