Opinion
Civil Action No. 98-cv-1724-JLK (Consolidated with 98-cv-2110-JLK).
January 18, 2006
ORDER
Upon careful review of Cozinco's Motion for Sanctions for Spoliation of Evidence (Docket No. 430) and related briefs, and considering the arguments of counsel at the May 19, 2005 pending motions hearing together with the rebuttal document filed by Cozinco thereafter (Docket No. 455), the Motion for Sanctions is DENIED. I simply cannot conclude based on the information I have heard or reviewed that the missing or admittedly discarded subject documents were deliberately or wilfully destroyed. This resolves the requests for relief in the various Motions that were merged into the Motion for Sanctions (i.e., the Motions to Compel (Docs. 368 396), and to Supplement the Record (Doc. 394)) and the Administrative Record is now deemed COMPLETE.