Waite v. Eduro Healthcare, LLC et al

Filing 88

ORDER by Magistrate Judge Kevin R. Sweazea for Expedited Briefing re 87 MOTION for Sanctions Based on Grossly Negligent Spoliation of Evidence by Plaintiff filed by Defendants. Plaintiffs response is due by Monday, September 30, 2024. Defendants reply is due by Friday, October 4, 2024. (efw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LISA WAITE,
Plaintiff,
v.

No. 1:22-cv-986 KG/KRS

EDURO HEALTHCARE, LLC,
CABEZON NURSING AND REHAB CENTER, LLC,
JOSEPH FOXWOOD, JOLENE GUTIERREZ,
JERA BAILEY, and CATE DYER,
Defendants.
ORDER FOR EXPEDITED BRIEFING
THIS MATTER is before the Court on Defendants’ Expedited Motion for Relief and
Sanctions based on Grossly Negligent Spoliation of Evidence by Plaintiff, (Doc. 87), filed
September 20, 2024. Defendants ask the Court to determine whether Plaintiff failed to preserve
data from cell phone and tampered with a forensic copy of said cell phone. Defendants also seek
sanctions. Plaintiff opposes the Motion. Considering termination of discovery is September 24,
2024, and Defendants’ dispositive motion deadline is October 25, 2024, the Court orders
expedited briefing as follows:
1.

Plaintiff’s response to Defendants’ Expedited Motion for Relief and Sanctions
based on Grossly Negligent Spoliation of Evidence by Plaintiff, (Doc. 87), is due
by Monday, September 30, 2024; and

2.

Defendants’ reply is due by Friday, October 4, 2024.

KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE