Flair Airlines, Inc. v Gregor LLC, No. 18 C 2023, Slip Op. (N.D. Ill. Apr. 3, 2019) (Guzman, J.).
Judge Guzman adopted the magistrate judge’s report and recommendations (R&R), denying defendants’ motion to dismiss and for sanctions based upon defendant’s alleged spoliation of evidence from plaintiff Flair Airlines’ computer systems.
The Court adopted the magistrate’s reasoning that defendants’ claimed spoliation was based upon speculation and that defendants’ lacked direct proof of intentional destruction of evidence. The alleged spoliation was based upon deletion of terminated customer account information. But Flair testified that it routinely deleted such information after a customer terminated its account and the deleted accounts were all for individuals that had canceled service.