Copeland v. Big Lots Stores, Inc.

Filing 40

ORDER granting in part and denying in part 28 Motion for Sanctions. Denying 34 Motion for Leave to Restrict, Access to Doc. ## 32-4 and 33 is not restricted, and those documents shall be open to public inspection. By Magistrate Judge Boyd N. Boland on 10/16/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02862-RM-BNB
CAROL COPELAND,
Plaintiff,
v.
BIG LOTS STORES, INC.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on:
(1)

Plaintiff’s Motion to Sanctions for Spoliation of Evidence [Doc. # 28, filed

8/18/2014] (the “Motion for Sanctions”); and
(2)

Big Lots’ Unopposed Motion to Restrict Access [Doc. # 34, filed 10/8/2014]

(the “Motion to Restrict Access”).
I held a hearing on the motions this morning and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)

In view of the defendant’s admission of liability, with reservation on the issue of

damages, the Motion for Sanctions [Doc. # 28] is GRANTED IN PART and DENIED IN PART
as follows:
• GRANTED to require the defendant to pay the attorneys’ fees and costs
incurred by the plaintiff in bringing the Motion for Sanctions. The parties shall confer in an

effort to reach agreement on the amount of the award. If the parties cannot agree or if the award
is not satisfied in full, the plaintiff shall file a fee application on October 30, 2014, that complies
with the requirements of D.C.COLO.LCivR 54.3; and
• DENIED in all other respects.
(2)

The Motion to Restrict Access [Doc. # 34] is DENIED. Access to Doc. ## 32-4

and 33 is not restricted, and those documents shall be open to public inspection.
Dated October 16, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2