Perkins v. Federal Fruit & Produce Company, Inc.
1:11-cv-00542
D. Colo.Sep 5, 2014Background
- This case involves a motion for sanctions by FFP and Martelli against several parties, with this Order addressing only Paula Greisen.
- Greisen represented Perkins in filing an EEOC charge against FFP and Martelli, signing and filing the charge on Perkins's behalf.
- ESR replaced Greisen in Perkins's representation; Greisen withdrew, ESR appeared for Perkins later.
- A Lost Grievance allegedly filed by Perkins and an April 22, 2010 letter from Cote to Greisen are central to the sanctions dispute.
- Discovery disputes post-trial revealed Greisen produced additional documents in 2014, including an EEOC draft charge and the April 22, 2010 letter, which defendants argued were crucial to their defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greisen violated Rule 1.16(d) by failing to turn over Perkins's file | Perkins | Greisen failed to timely transfer or provide Perkins's file | No violation found |
| Whether Greisen can be held in contempt under Rule 45(g) for subpoena noncompliance | Perkins | Greisen violated subpoena/obligation | Sanctions under Rule 45(g) inappropriate |
| Whether sanctions for spoliation are warranted against Greisen | Perkins | Greisen spoliated or concealed evidence | No bad-faith spoliation established; sanctions denied |
Key Cases Cited
- People v. Crews, 901 P.2d 472 (Colo. 1995) (failure to turn over client files may violate professional duties)
- Turner v. Public Service Co. of Colo., 563 F.3d 1136 (10th Cir. 2009) (needs for preservation and sanctions considerations in spoliation)
- Burlington Northern & Santa Fe Ry. Co. v. Grant, 505 F.3d 1013 (10th Cir. 2007) (standard for spoliation and preservation of evidence)
- Aramburu v. Boeing Co., 112 F.3d 1398 (10th Cir. 1997) (bad faith required for certain sanctions; mere negligence insufficient)