Mooradian v. FCA US, LLC
Mooradian v. FCA US, LLC
Opinion of the Court
Defendant FCA US, LLC ("FCA") requests that the Court sanction Plaintiff White and his counsel for spoliating evidence.
For the reasons stated below, the Court GRANTS IN PART Defendant's motion.
I. Background
This is a case about sand. Specifically, in this case, the Plaintiffs allege that casting sand used in creating Jeep Wrangler engine *867parts seeps into those vehicles' radiators, causing heating and cooling issues.
Perhaps the most important piece of evidence in this case, then, is the fluid in a Wrangler's radiator. Plaintiffs allege casting sand settles in some Wrangler radiators causing a type of sludge. Plaintiff White and his attorneys' (mis)handling of that fluid is the reason for this Order.
On August 17, 2017, Defendant FCA sent written discovery requests to Plaintiff White. Among those requests, FCA asked White to "[w]ithin 90 days ... [produce] YOUR VEHICLE for a private inspection by FCA US at an FCA US authorized dealership chosen by YOU."
Between FCA's request and Plaintiff White's response, however, Plaintiff White took his vehicle to an unaffiliated automobile service location at his counsel's behest.
White did not take his Wrangler to Finish Line for any needed service to operate his vehicle.
White requested that Finish Line record their work and that they save anything that came out of the radiator.
Neither White, his counsel, nor any representative of Defendant FCA observed the making of these videos. The videos show fluid being drained from a vehicle in an auto repair shop.
Finish Line seemingly shot these videos on a cell phone, and so they are of relatively low quality. There are no wide shots in the videos. Instead, the videos are all shot in various degrees of close-up. Because of this, neither the people in the videos nor the vehicle they are working on is readily identifiable. Additionally, none of the four videos are time stamped, and they do not show an obviously continuous sequence. There is no indication of a precise order of events or a description of what happens when the camera is off.
Because of these flaws, it is difficult, if not impossible, to tell whether these videos show what Plaintiff White and his counsel says that they show.
*868What may be even more concerning, however, is what White says happened after he picked up his vehicle and the jugs of liquid from Finish Line. White says that he took the unlabeled and unsealed jugs, purportedly containing the casting-sand filled liquid drained from his radiator, and sat them in his car during his twelve-hour shift at work.
II. Legal Standard
"District courts have broad discretion to craft proper sanctions for the spoliation of evidence."
A proper sanction for spoliation of evidence "serve[s] both fairness and punitive functions."
III. Discussion
A. Requirements for Sanctions
As an initial matter, Plaintiff White is wrong with his contention that spoliation sanctions are based on state and not federal law. The Sixth Circuit has held that "the authority to impose sanctions for spoliated evidence arises not from substantive law but, rather, 'from a court's inherent power to control the judicial process.' "
Plaintiff White's and his attorneys' actions satisfy each requirement for a spoliation sanction. Plaintiff White, alone, controlled this evidence.
Plaintiff White and his counsel admit that they had a culpable state of mind. While Plaintiff White testified that his attorneys were aware of his plan to get his car worked on,
Finally, Plaintiff White does not contend that the evidence at issue here is not "relevant to the party's claim or defense."
B. Plaintiff White's Arguments against Sanctions
Plaintiff White contends, however, that there is no spoliation because he and his counsel found FCA's request for a private inspection ambiguous, because FCA also extracted fluid from Plaintiff Mooradian's radiator, and because they did not "destroy" or "alter" evidence. None of these arguments passes muster.
First, FCA clearly requested to inspect Plaintiff White's vehicle. Whether they requested a private inspection, a joint inspection, or an inspection pursuant to Federal Rule of Civil Procedure 34(a)(2) is immaterial. Plaintiff White and his attorneys knew that FCA wanted to inspect White's vehicle, and therefore knew that they had a duty not to do anything to that vehicle that would or could materially alter it.
Second, comparing FCA's extraction of fluid from Plaintiff Mooradian's vehicle to what happened here is absurd. In contrast to the slapdash process described above, FCA "pull[ed] the coolant from the top of the radiator with a sterile syringe, and it then preserved the extracted sample by putting it into a sterile, composite-proper bottle."
Finally, and most importantly, Plaintiff White and his counsel have plainly destroyed, or at a minimum, materially altered, this important evidence. Assuming that the videos provided by White are of his vehicle, White and his counsel have almost certainly contaminated any sample they might now have. They have also created significant questions about this sample's chain of custody. Relatedly, White and his counsel have introduced the not insignificant possibility that White's vehicle is not the one shown in these videos and that the liquid in the jugs White currently possesses did not actually come from his vehicle. Plaintiff White's contention that these samples can still be tested does nothing to alleviate these concerns.
C. Sanctions against Plaintiff White
Ultimately, the Court cannot tell whether what happened here was a product of maliciousness or simply incompetence. On the one hand, Plaintiff White's attorneys directed him to materially alter highly relevant evidence after Defendant FCA said it wanted to inspect that evidence, but before FCA actually had a chance to perform an inspection. This is plainly sanctionable conduct.
*870On the other hand, Plaintiff White and his attorneys have not shown any obvious intent to deceive Defendant FCA or this Court. Plaintiff White and his attorneys ostensibly requested that the Finish Line mechanics record all of their work, and provided those videos to FCA prior to White's deposition. Plaintiff White's attorneys have also been forthcoming about their role in these events.
Regardless of White and his counsel's underlying motivations, they plainly knowingly acted at a time when they knew that they had a duty to preserve this evidence. The Court will sanction them by prohibiting Plaintiffs from supporting their motion for class certification with any evidence stemming from the liquids drained from White's vehicle, or any other work done on White's vehicle during his September 2017 trip to Finish Line. Plaintiffs also may not present any of this evidence in their dispositive briefing or at trial.
Additionally, because of the uncontroverted events described in this opinion, the Court disqualifies White from serving as a class representative.
FCA has also requested that the Court disqualify White's counsel from serving as class counsel. The Court declines to take that step at this time. If FCA wishes to present evidence from this or any other incident that it believes relates to the suitability of class counsel, the Court will consider those arguments when deciding class certification.
IV. Conclusion
For the preceding reasons, the Court GRANTS IN PART Defendant's motion for sanctions for spoliation of evidence. The Court PROHIBITS Plaintiffs from using any evidence obtained from the events described in this opinion in their motions for class certification, dispositive motions, or at trial. The Court DISQUALIFIES Plaintiff White from serving as a class representative.
IT IS SO ORDERED.
See Doc. 46-1.
Doc. 53. Plaintiff replies. Doc. 55.
Doc. 46-5 at 14 (capitalization in original).
Doc. 53 at 6.
See id. at 6-7.
Id. at 6.
Doc. 46-2 at 16-17.
Id. at 9.
Defendant FCA provided these videos to the Court as Exhibit E attached to their motion. See Doc. 46-6.
Doc. 46-2 at 30-31.
Adkins v. Wol e ver ,
Crown Battery Mfg. Co. v. Club Car, Inc. ,
Id. at 999 (quoting Beaven ,
Adkins v. Wol e ver ,
See Doc. 18 at 10-11.
See
Doc. 53 at 12.
Doc. 46-2 at 4.
Doc. 53 at 6 ("Plaintiff's counsel instructed Plaintiff to have his vehicle tested for sludge but to carefully videotape and preserve the sludge for testing.").
See Crown Battery ,
See Doc. 53 at 6.
Doc. 55 at 2-3.
Id. at 3.
Any attempts by Plaintiff's counsel to substitute a different class representative are more appropriately handled at the class certification phase.
See Falcon v. Philips Electronics North Am. Corp. ,
Reference
- Full Case Name
- Donna MOORADIAN v. FCA US, LLC
- Cited By
- 4 cases
- Status
- Published