Passlogix, Inc v. 2FA Technology, LLC et al

Filing 68

OPINION AND ORDER. For the reasons stated in this opinion and order, the Court holds that neither Passlogix nor 2FA has established by clear and convincing evidence that its adversary committed a fraud on the Court. 2FA's request to amend its co unterclaims to assert a cause of action for malicious prosecution against Passlogix is denied on grounds of futility. The Court also holds that 2FA's failure to preserve relevant documents led to the spoliation of evidence in this case. Therefor e, the Court hereby orders 2FA to pay a fine in the amount of ten thousand dollars ($10,000.00), via check made payable to "Clerk, U.S. District Court" within thirty (30) days from the date of this Opinion and Order. (Signed by Judge Peter K. Leisure on 4/27/10) (rjm)

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