Opinion
CIVIL ACTION NO. 2:09cv118-MTP.
July 29, 2010
ORDER
THIS MATTER is before the court on a motion [22] filed by Plaintiff requesting that the court impose sanctions on Defendants for their failure to comply with a March 29, 2010 Omnibus Order [17] directing them to produce "a copy of an audio or video recording of the incident at issue herein, to the extent such recording is in Defendants' possession, custody or control." In response to the motion, Defendants aver that no such recording is in their possession. Accordingly, the court finds no basis to impose sanctions on Defendants.
The tape at issue is a surveillance tape alleged by Plaintiff to have been maintained by the gas station where the incident at issue in this lawsuit occurred.
IT IS, THEREFORE, ORDERED that Plaintiff's motion [22] is denied.
SO ORDERED.