Pingree v. University of Utah
2:20-cv-00724
D. UtahFeb 20, 2025Background
- Dr. Rita Florian Pingree was a student and later an employee at the University of Utah, and maintained access to her university-affiliated email account after leaving both roles.
- She was denied a categorical residency position, filed a discrimination charge, and initiated a lawsuit that Defendants removed to federal court.
- In the course of discovery, Pingree found emails predating January 2022 missing from her university account, which she believed were crucial to address the University’s affirmative defense of failure to mitigate damages.
- The University investigated and asserted no one but Pingree accessed her account; it could not explain the missing emails but offered to help recover them, which Pingree declined.
- Pingree sought spoliation sanctions, alleging the University negligently or intentionally deleted her emails; the University denied responsibility and requested attorney’s fees for defending against her motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Spoliation of Evidence (Rule 37(e)) | University deleted/mishandled her email evidence | University not responsible; offered to assist recovery | Plaintiff failed to show University responsible; denied |
| Intentionality/Negligence in Loss of Evidence | University intentionally/negligently caused loss | Actions were routine HR/IT procedures, account still active | No evidence of intent/negligence by University; denied |
| Sanctions (exclusion, deposition, default, fees) | Sought exclusion of defense, deposition, default, fees | Opposed sanctions; requested own attorney’s fees | Court denied all sanctions and fee requests |
| Opportunity to Depose on Email Retention Policies | Sought 30(b)(6) deposition on email retention | Opposed as disproportionate to needs of case | Allowed limited deposition if affirmative defense raised |
Key Cases Cited
- Xyngular Corp. v. Schenkel, 200 F. Supp. 3d 1273 (D. Utah 2016) (defining spoliation and its relevance to sanctions)
- Turner v. Pub. Serv. of Colo., 563 F.3d 1136 (10th Cir. 2009) (outlining when a duty to preserve evidence arises)
- Marx v. Gen. Revenue Corp., 568 U.S. 371 (2013) (stating the American Rule for attorney’s fees)