Evans v. Boston Red Sox (The) et al

Filing 189

Ch. Magistrate Judge Leo T. Sorokin: ORDER entered DENYING WITHOUT PREJUDICE 186 Plaintiff's Motion for Reconsideration of the Court's 185 Order on Motion for Sanctions. (Matteson, Nicholas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

BRIAN EVANS,
Plaintiff,
v.
BOSTON RED SOX,
FENWAY SPORTS MANAGEMENT
LARRY LUCCHINO
DAVID FRIEDMAN
DR. CHARLES STEINBERG
TOM WERNER
JOHN HENRY
SAM KENNEDY
RASKY BAERLEIN STRATEGIC
COMMUNICATIONS, INC.
DOES 1-10,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil No. 13-13259-GAO

ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION
February 14, 2014
SOROKIN, C.M.J.
Plaintiff moves for reconsideration, Doc. No. 186, of the Court’s Order denying his
motion for sanctions, Doc. No. 185. Plaintiff alleges the removal of a press release from a
website destroys the link to this press release and thereby violates the preservation order in this
action. Assuming without deciding that the preservation order reaches both the press release and
the link to it on the website, Plaintiff’s motion is without merit as it confuses preservation of
evidence (in Plaintiff’s view the press release and the link to it on the website) with a judicial
order requiring no change to the website in question. Accordingly, the Motion for

Reconsideration is DENIED WITHOUT PREJUDICE to Plaintiff exploring compliance with the
preservation order in the course of discovery.

SO ORDERED.
/s/ Leo T. Sorokin
Leo T. Sorokin
Chief U.S. Magistrate Judge

2