Colonies Partners LP v. County of San Bernardino et al

Filing 331

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, by Judge Jesus G. Bernal 305 . SEE DOCUMENT FOR FURTHER INFORMATION, RE: NOTICE OF MOTION AND MOTION for Sanctions 249 . (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COLONIES PARTNERS, L.P., et al.,
Plaintiffs,

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v.
COUNTY OF SAN BERNARDINO,
et al.,

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Case No. 5:18-cv-00420-JGB (SHK)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

Defendants.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiffs’ Motion for

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Sanctions (“Motion”), Defendants’ Opposition to the Motion (“Opposition” or

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“Opp’n”), Plaintiffs’ Reply in Support of the Motion (“Reply”), the relevant

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records on file, and the Report and Recommendation of the United States

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Magistrate Judge (“R&R”). Electronic Case Filing Number (“ECF No.”) 249,

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Motion; ECF No. 263, Opp’n; ECF No. 266, Reply; ECF No. 305, R&R. No

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objections have been filed. The Court accepts the findings and recommendation of

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the Magistrate Judge.

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IT IS THEREFORE ORDERED that:

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1) The R&R [ECF No. 305] is ADOPTED;

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2) Plaintiffs’ Motion [ECF No. 249] is GRANTED insofar as Plaintiffs seek an

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adverse jury instruction at trial—that the jury may presume that the deleted

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ESI information from the [e-mail] e-mail account and text

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messages deleted after March 2018, was unfavorable to Plaintiffs—but

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DENIED insofar as Plaintiffs seek terminating sanctions;

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3) Plaintiffs are AWARDED reasonable fees associated with bringing this
Motion; and
4) Plaintiffs must submit their declaration and records in support of their fee

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award for the Court’s consideration within fourteen days of the date of this

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Order, Defendants shall file their Response within fourteen days of the

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filing of Plaintiffs’ submission, and Plaintiffs may file a Reply within seven

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days of Defendants’ Response, after which time the fee award will be

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decided on the papers.

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Dated: March 27, 2020
HONORABLE JESUS G. BERNAL
United States District Judge

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