Opinion
2:23-cv-00094-JDW
08-12-2024
DOMUS BWW FUNDING, LLC, et al., Plaintiffs, v. ARCH INSURANCE COMPANY, et al., Defendants.
ORDER
JOSHUA D. WOLSON, J.
AND NOW, this 12th day of August, 2024, upon consideration of Plaintiffs 1801 Admin, LLC and Domus BWW Funding, LLC's Motion For Monetary Sanctions And Adverse Inferences Against Defendant Arch Insurance Company (ECF No. 104), following a hearing in open court and for the reasons given in the accompanying Memorandum, it is ORDERED that the Plaintiffs' Motion is GRANTED IN PART and DENIED IN PART as follows.
1. The Motion is GRANTED with respect to sanctions for Arch's destruction of Mr. McGowan's email records, and Arch is SANCTIONED. The Plaintiffs may introduce evidence of Arch's failure to preserve Mr. McGowan's emails, and I will craft appropriate jury instructions at the time of trial to ensure that this sanction does not collapse into the adverse inferences available only under Rule 37(e)(2).
2. The Motion is DENIED in all other respects.
It is FURTHER ORDERED that the Parties shall meet and confer about what additional discovery Plaintiffs propose to take in light of Arch's recent production of Lynne Miller's hard copy documents and, on or before August 23, 2024, submit either an agreed upon proposal or a joint letter not to exceed four single-spaced pages setting forth each side's position.