Kile v. Wal-Mart Stores, Inc.

Filing 68

ORDER DENYING WITHOUT PREJUDICE # 35 Motion for a spoliation instruction at trial. Signed by Judge Howard D. McKibben on 6/30/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JENNIFER JO KILE,

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Plaintiff,
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vs.
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WAL-MART STORES, INC,; JOHN DOES )
I-V, inclusive; and BLACK AND
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WHITE COMPANIES,
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Defendants.
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_________________________________ )

3:13-cv-00142-HDM-VPC
ORDER

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Before the court is plaintiff Kile’s motion for a spoliation
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instruction at trial (#35).

The defendant has opposed (#38) and

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the plaintiff has replied (#40).
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Discovery in this case is not yet complete, and the court
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believes the request for a spoliation instruction is premature at
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this time.
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Accordingly, the plaintiff’s (#35) motion for a spoliation
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instruction is hereby DENIED WITHOUT PREJUDICE, to be renewed at
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trial should the plaintiff so move.
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IT IS SO ORDERED.
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DATED: This 30th day of June, 2014.
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____________________________
UNITED STATES DISTRICT JUDGE

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