Cardinale v. Smith's Food & Drug Centers, Inc.

Filing 22

ORDER. IT IS HEREBY ORDERED that an evidentiary hearing on 18 the Motion for Spoliation of Evidence and Rule 37 Sanctions is scheduled for 1:00 PM, 1/8/19, in Courtroom 3D. See Order for additional deadlines. Signed by Magistrate Judge Cam Ferenbach on 12/10/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIANA CARDINALE,
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Plaintiff,
2:18-cv-00094-JCM-VCF
ORDER

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vs.
SMITH’S FOOD AND DRUG CENTERS, INC.,
et al.,
Defendants.

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Before the Court is Plaintiff Diana Cardinale’s Motion for Spoliation of Evidence and Rule 37
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Sanctions. (ECF No. 18).
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Accordingly,
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IT IS HEREBY ORDERED that an evidentiary hearing on the Motion for Spoliation of Evidence
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and Rule 37 Sanctions (ECF No. 18) is scheduled for 1:00 PM, January 8, 2019, in Courtroom 3D. At the
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hearing, Defendant Smith’s Food and Drug Centers must produce a witness or witnesses with knowledge
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of the change to its DVR system and the loss of the relevant security footage.
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IT IS FURTHER ORDERED that Plaintiff and Defendant Smith’s Food and Drug Centers must
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file simultaneous briefs on December 28, 2018 to address Federal Rule of Civil Procedure 37(e) and its
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impact on the Court’s analysis in this matter.
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IT IS FURTHER ORDERED that on or before December 28, 2018, Plaintiff and Defendant
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Smith’s Food and Drug Centers must file a statement with the Court listing all witnesses and exhibits they
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anticipate presenting at the evidentiary hearing. The parties must serve copies of all exhibits upon the
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opposing party by January 2, 2019. The parties must also provide copies of all exhibits to the Court Clerk,

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Jerry Ries, by January 2, 2019.

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DATED this 10th day of December, 2018.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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