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)

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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

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