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)

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