Not To Be Published: 
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
DOCTOR JOHN’S, INC., an Iowa
Corporation,
Plaintiff, No. C 03-4121-MWB
vs. ORDER REGARDING SANCTIONS
FOR THE CITY’S DESTRUCTION
OF RELEVANT RECORDS
CITY OF SIOUX CITY, IOWA, and
PAUL ECKERT, in his official capacity
as City Manager,
Defendants.
____________________
By order dated May 1, 2007 (docket no. 213), the court dismissed this case in its
entirety, with prejudice, upon the parties’ settlement and Stipulation Of Dismissal (docket
no. 211).  However, the court stated in the order dismissing the case that it would retain
jurisdiction over the question of whether or not sanctions should be imposed upon the City
for destruction, during the pendency of litigation, of relevant records, which consisted of
recordings of closed sessions of the City Council concerning the ordinances challenged in
this case.  See, e.g., Cooter & Gell v. Hartmarx Corp., 496 U.S. 384 (1990); Perkins v.
General Motors Corp., 965 F.2d 597 (8th Cir. 1992).  Thereafter, on May 2, 2007, the
court held a conference with counsel for the parties, with a court reporter present, to
discuss the remaining sanctions question.  On May 3, 2007, the court also received a letter
from counsel for the City clarifying changes made to the City’s policy regarding retention
