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finding that meeting minutes from which no reasonable inference could be drawn suggesting that "the report was prepared and thereafter ordered to be destroyed due to the pending litigation" and deposition testimony that plaintiff was "concerned about the appropriateness of [the report] because of . . . their litigation, and [he thought] for that reason Jim Diracles wrote him and said look, destroy everything" were insufficient to show that "the pending litigation with NAM was Diracles' reason for having the files returned and destroyed"
Summary of this case from Burris v. Gulf Underwriters Ins. Co.Opinion
Civil No. 04-4213 (JRT/AJB).
February 24, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Arthur J. Boylan dated January 29, 2009 [Docket No. 472]. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that Defendant News America Marketing In-Store, Inc.'s Motion for Adverse Inference Instruction to Jury for Insignia's Spoliation of Evidence [Docket No. 434] is DENIED.