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11-724 - T&E Investment Group LLC et al v. Faulkner et al


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11-724 - T&E Investment Group LLC et al v. Faulkner et al
July 5, 2013
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Findings and Recommendations on Motion. Plaintiff's 53 MOTION for Sanctions and Motion for Contempt Judgment should be granted in part and denied in part. The jury should be given an instruction of adverse inference on the issue of spoliation, and Plaintiffs should be awarded from Defendants a monetary sanction of $27,500, which is a reasonable estimate of the portion of Fogarty's fees that Plaintiffs have been invoiced for Protegga's investigation into whether, and to what extent, Defendants spoliated evidence. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 7/5/2013) (mcrd)
February 12, 2014
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Order Accepting 110 Findings and Recommendations re: 53 Plaintiffs' Motion for Sanctions and Motion for Contempt Judgment filed by Plaintiffs T&E Investment Group LLC and Timothy Roberts. As discussed and supplemented in the Order Accepting, the Court hereby accepts the Findings and Conclusions of the Magistrate Judge as the Findings and Conclusions of the Court. Accordingly, it accepts the recommendation and DENIES in part and GRANTS in part Plaintiffs' Motion for Sanctions and Motion for Contempt Judgment (doc. 53). For the conduct found sanctionable by the Magistrate Judge, the Court will give the jury a spoliation instruction that will entitle the jury to draw an adverse inference that a party who intentionally spoliated evidence did so in order to conceal evidence that was unfavorable to that party. It also imposes upon Defendant Faulkner and his employer Breitling Oil and Gas a monetary sanction in the amount of $27,500 payable to Plaintiffs. Within thirty days of the date of this order, those defendants shall collectively pay $27,500 to Plaintiffs and file a notice of payment with the Court to show compliance with the sanction. The motion is otherwise denied. See Order Accepting for further information. (Ordered by Judge Jorge A Solis on 2/12/2014) (chmb)