Hines v. J-Curt

Not Reported in F.Supp.2d, 2008 WL 2477672

Defeated a motion for spoliation in a Fair Labor Standards Act case where the plaintiff alleged that J-Curt, Inc. d/b/a McDonald's destroyed payroll records.  The Court found that the Defendant did not have a duty to retain the records longer than the statutorily required time period because the Defendant did not know that the plaintiff intended to file a lawsuit.  The Court also granted the Defendant's motion to strike portions of a witness affidavit that contained hearsay and was not based on the affiant's personal knowledge.
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