Opinion
CIVIL ACTION NO. 1:09cv141-MHT (WO).
March 5, 2010
ORDER
After an independent and de novo review of the record in this case, it is the ORDER, JUDGMENT, and DECREE of the court as follows:
(1) The plaintiff's objection (doc. no. 140) is overruled.
(2) The magistrate judge's recommendation (doc. no. 139), to which defendants do not object, is adopted.
(3) Plaintiff's motion for default judgment (doc. no. 120) is denied.
(4) Plaintiff is permitted to present argument to the jury regarding the "lost evidence."