Opinion
Case No. 05-70804.
May 25, 2006
Kathleen A. Lang (P34695), Nicole M. Clinton (P66519), DICKINSON WRIGHT PLLC, Attorneys for Plaintiff, Detroit, Michigan.
Benjamin J. Aloia (P54424), ALOIA ASSOCIATES, PC, Attorneys for Defendant, Shelby Township, Michigan.
ORDER GRANTING PLAINTIFF'S MOTION FOR SANCTIONS DUE TO DEFENDANT'S FAILURE TO COMPLY WITH A COURT ORDER
This matter having come before the Court upon Plaintiff's Motion for Sanctions Due to Defendant's Failure to Comply With A Court Order, the Court having heard arguments from both parties and being otherwise duly advised in the premises:
IT IS HEREBY ORDERED that Plaintiff's Motion is granted as follows:
1. Defendant intentionally and willfully violated the Court's Order to preserve and produce the evidence set forth in the Court's Order Granting Plaintiff's Motion for Show Cause Order and Sanctions due to Defendant's Failure to Comply with a Court Order.
2. As a sanction for Defendant's willful and deliberate violation of the Court's Order, Plaintiff is entitled to an adverse inference and a jury instruction that the jury may infer that the Defendant's computer contained information relevant to this lawsuit, that Defendant deliberately destroyed that information contrary to an Order of this Court, and that the information that was contained on Defendant's computer would have supported the claims and defenses of Plaintiff Lorillard Tobacco Company in this action and would have been adverse to the claims and defenses set forth by Defendant Yazan's Service Plaza, Inc in this action.
3. As an additional sanction for Defendant's willful and deliberate violation of the Court's Order, Defendant is ordered to pay Plaintiff the sum of $6,738.50 in costs and attorney fees within thirty days or on or before June 16, 2006.
IT IS SO ORDERED.