The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of an employment discrimination action against the plaintiff for intentionally deleting text messages and evidence.

In the March 5 opinion, authored by Judge Andrew D. Hurwitz, the three-judge panel affirmed the U.S. District Court for the District of Arizona’s dismissal of Alyssa Jones and her attorney, Philip Nathanson, v. Riot Hospitality Group, under Federal Rule of Civil Procedure 37(e)(2) of an employment discrimination action because of intentional spoliation of electronically stored information by Jones.