TURNING OVER EVIDENCE IS AN OBLIGATION, NOT AN OPTION. 

FOR THIRTEEN MONTHS, it appears that documents which were properly requested during discovery have not been turned over by Digital.  I recalled one specific item someone had mentioned to me years ago.  I requested a copy several times but was told it did not exist.  The may be a problem for the Defendant for a number of reasons. Denial  of the document was a risky move.

May 11, 2016 – Somers to Seyfarth: 

“Was there any kind of announcement done at Digital after I was terminated which might have been sent out to my team or colleagues to explain my departure in any way? If so please provide.”

May 13, 2013 – Seyfarth to Somers :  

“In terms of an email announcing your separation, we have not located any such communication that was issued. Rather, as reflected in DLR_0005501, your direct reports were notified on a phone call and others in the office were informed verbally as well.  You are mistaken.”

Thanks to the anonymous person who sent this to the link I had up on the website.  It is unlikely that it was missed the Defendants, there are hundreds and hundreds of copies in Digital’s email system. It is an important document for a number reasons.

There is also proof that a second document is being withheld.  The Court has been notified of both items.