Chandler et al v. Jacobs Engineering Group Inc et al

Filing 93

ORDER denying 88 Motion to Compel. Signed by Judge Billy Roy Wilson on 3/10/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION TED CHANDLER and MARTHA CHANDLER vs PLAINTIFFS NO: 3:12-CV-00104-BRW JACOBS ENGINEERING GROUP, INC., PAUL DAVID PENN, MARK ASHER, CHARLES P. BRAND, ROBERT WILCOX, JR., L. TONY SULLIVAN AND APAC-TENNESSEE DEFENDANTS ORDER Unless Plaintiffs have evidence that Defendant has the videos and other evidence requested, or has deep-sixed these items in anticipation of litigation, there would be no reasonable ground for me to give a spoliation instruction or the other relief requested by Plaintiffs. My initial reaction is that Plaintiffs will be able to point out that the videos and other items of evidence are routinely produced in the normal course of business and were not at the time in question. Plaintiffs’ Third Motion to Compel and For Sanctions (Doc. No. 88) is DENIED. IT IS SO ORDERED this 10th day of March, 2014 /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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