Adkins v. Hyundai Motor America et al

Filing 81

ORDER Granting in part and Denying in part 54 Plaintiff's Motion for Sanctions Against Defendants for Spoliation of Evidence. Counsel for Plaintiff shall serve and file a memorandum, supported by the affidavit of counsel, establishing the amount of attorneys fees and costs incurred in bringing the instant 54 Motion no later than 14 days. Counsel for Defendant Henderson Hyundai shall have 14 days from service of the memorandum to file a responsive memorandum. Counsel for Plaintiff shall have 7 days from service of the responsive memorandum in which to file a reply. Signed by Magistrate Judge George Foley, Jr on 06/19/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LA SHARON ADKINS,

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Plaintiff,
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vs.
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HYUNDAI MOTOR AMERICA; et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01612-GMN-GWF
ORDER
Motion for Sanctions (#54)

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This matter comes before the Court on Plaintiff’s Motion for Sanctions (#54), filed on April

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30, 2013. Defendant Henderson Hyundai filed an Opposition (#72) on May 10, 2013. Defendant

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Advanstaff filed an Opposition (#73) on May 14, 2013. Plaintiff filed a Reply (#76) on May 24,

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2013, and a Supplement (#77) to its Reply on June 3, 2013. The Court conducted a hearing on the

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Motion (#54) on June 13, 2013. See Minutes of Proceedings, Doc. #79. For the reasons stated on

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the record at the hearing,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Sanctions Against Defendants for
Spoliation of Evidence (#54) is granted in part and denied in part as follows:
(1)

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Michael Balsamo shall be precluded from testifying regarding his examination of
the subject hard drive;

(2)

Counsel for Plaintiff shall, no later than 14 days from entry of this Order, serve and

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file a memorandum, supported by the affidavit of counsel, establishing the amount

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of attorneys’ fees and costs incurred in bringing the instant Motion (#54). The

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memorandum shall provide a reasonable itemization and description of the work

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performed, identify the attorney(s) or other staff member(s) performing the work,

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the customary fee of the attorney(s) or staff member(s) for such work, and the

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experience, reputation and ability of the attorney performing the work. The

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attorney’s affidavit shall authenticate the information contained in the

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memorandum, provide a statement that the bill has been reviewed and edited, and a

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statement that the fees and costs charged are reasonable;

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(3)

Counsel for Defendant Henderson Hyundai shall have 14 days from service of the

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memorandum of costs and attorneys’ fees in which to file a responsive

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memorandum addressing the reasonableness of the costs and fees sought, and any

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equitable considerations deemed appropriate for the Court to consider in

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determining the amount of costs and fees which should be awarded;
(4)

Counsel for Plaintiff shall have 7 days from service of the responsive memorandum

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in which to file a reply.

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DATED this 19th day of June, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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