Benihana Denied Sanctions For Destroyed Docs In OT Action

Law360, New York (March 20, 2012, 12:17 PM EDT) -- A California federal judge on Monday refused to sanction a Benihana National Corp. employee accused of destroying files related to his putative overtime class action against the restaurant chain, saying the relevant evidence remained intact on Benihana's own computer.

U.S. District Judge William Alsup denied Benihana's motion for sanctions due to spoliation of evidence against Hieu Nguyen, a manager at the Japanese steakhouse chain's Cupertino, Calif., location. The judge said that though Nguyen may have erased data from his personal USB drive to conceal his copying...
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Case Information

Case Title

Akaosugi et al v. Benihana, Inc.


Case Number

3:11-cv-01272

Court

California Northern

Nature of Suit

Labor: Other

Judge

William Alsup

Date Filed

March 16, 2011

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