Graham

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAXWELL A. GRAHAM, Case No. 3:23-cv-04865-RFL (KAW)

8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 9 v. MOTION FOR SANCTIONS FOR

FAILIURE TO PRESERVE ESI

10 HONEYWELL INTERNATIONAL INC., Re: Dkt. No. 79 11 Defendant.

12 13 On July 4, 2025, Plaintiff Maxwell A. Graham filed a motion for sanctions against 14 Defendant Honeywell International Inc. for failure to preserve electronically stored information 15 (“ESI”) under Federal Rule of Civil Procedure 37(e). (Pl.’s Mot., Dkt. No. 79.) Discovery 16 disputes in this case have been referred to the undersigned. 17 On October 2, 2025, the Court held a hearing, and, for the reasons set forth below, 18 GRANTS IN PART AND DENIES IN PART the motion for sanctions and RECOMMENDS that 19 the presiding judge instruct the jury of the spoliation by way of a short factual statement. 20 I. BACKGROUND 21 Plaintiff was employed by Defendant as a senior…