Gippetti v. United Parcel Service, Inc., 2008 WL 3264483 (N.D.Cal. Aug. 6, 2008). In this age discrimination litigation, the plaintiff sought sanctions for spoliation claiming the defendant destroyed relevant electronic documents, specifically tachographs, which records a vehicle's speed and length of time it is moving or stationary. The defendant responded that some of the requested tachographs were destroyed as part of the company's routine document retention policy, which due to the large volume of data, called for destruction of the records following 37 days. Additionally, the defendant argued it was not under a duty to preserve the records because they had no reason to believe that they had any bearing on the age discrimination claim. Agreeing with the defendant, the court refused to impose sanctions.