Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Before the Court is the Parties' discovery dispute, (Doc. 408), regarding Defendants' 17 compliance with the Court's January 31, 2008 Order, (Doc. 393). In its Order, the Court 18 directed Defendants to provide the requested documents regarding the Solomon Letter. Id. 19 When Defendants were turning over documents pursuant to the Court's Order, Defendants 20 did not include emails between the Department of Treasury and Defendants' lobbyist, Mr. 21 Zurawski, which Plaintiffs had received from Treasury pursuant to a FOIA request. This was 22 because Mr. Zurawski had deleted them. As a result, Plaintiffs ask the Court to, in effect, 23 sanction Defendants for spoliation. 24 The Court declines to rule on the issue of spoliation at this time because there are not 25 enough facts before it at this time. If such facts exist, Plaintiffs can raise the issue of 26 spoliation as it relates to the issue of bad faith in their supplemental brief. 27 Accordingly, 28
Case 2:04-cv-00424-ROS Document 410 Filed 03/07/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiffs, ) ) vs. ) ) Honeywell Retirement Earnings Plan, et) ) al., ) ) Defendants. ) ) Barbara Allen, et al.,

No. CV 04-424-PHX-ROS ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED that: (1) Defendants shall produce all responsive, non-privileged documents or communications received from or sent to C2 Group, Davis & Hanna LLP, or Akin Gump Strauss Hauer & Feld LLP relevant to the Solomon Letter by March 14, 2008. (2) Defendants shall retain and shall instruct their agents to retain all documents related to the instant litigation in their possession, custody, or control. (3) Plaintiffs shall file their supplemental brief on March 21, 2008.

DATED this 7th day of March, 2008.

-2Case 2:04-cv-00424-ROS Document 410 Filed 03/07/2008 Page 2 of 2