Alyssa Jones v. Riot Hospitality Group LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALYSSA JONES, No. 22-16465

Plaintiff-Appellant, D.C. No. 2:17-cv-04612- PHILIP NATHANSON, Plaintiff's GMS Attorney, Individually,

Appellant, OPINION

v.

RIOT HOSPITALITY GROUP LLC,

now known as Noatoz LLC; RHG

VENTURES LLC; RYAN HIBBERT,

individually and in his official capacity; 4425 SADDLEBAG LLC; 4425 SADDLEBAG 2 LLC; MILO

COMPANIES LLC; ROOKE LLC,

Defendants-Appellees,

and

JW BAR LLC; MRM HOSPITALITY

LLC,

Defendants. Appeal from the United States District Court for the District of Arizona G. Murray Snow, Chief District Judge, Presiding

Argued and Submitted February 7, 2024 Phoenix, Arizona

Filed March 5, 2024

Before: Marsha S. Berzon, Andrew D. Hurwitz, and Anthony Johnstone, Circuit Judges.

Opinion by Judge Hurwitz

SUMMARY *

Sanctions

The panel affirmed the district court’s dismissal under Federal Rule of Civil Procedure 37(e)(2) of an employment discrimination action because of intentional spoliation of electronically stored information by the plaintiff. The panel held that the district court did not abuse its discretion…