Smith v. GE Aviation

Filing 32

ORDER denying 20 Motion to issue order to preserve evidence. Signed by Magistrate Judge Michael R Merz on 11/26/2010. (mrm0)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
ANDREA M. SMITH, Plaintiff, -vs: GE AVIATION, Defendant. : Case No. 3:10-cv-013 District Judge Timothy S. Black Magistrate Judge Michael R. Merz

DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR AN ORDER TO PRESERVE EVIDENCE

This case is before the Court on Plaintiff's Motion for an Order to Preserve Evidence (Doc. No. 20). The persons whom the Court is requested to order to preserve evidence are not parties to this case and the Court therefore lacks jurisdiction to order them to preserve the evidence. To the extent the evidence in question was created at the behest of Defendant GE Aviation and GE Aviation has rights to control the evidence, Defendant should treat the Motion as a notice to avoid spoliation. As to the branch of the Motion seeking a court-issued subpoena, that branch is now moot; Plaintiff's counsel has authority under Fed. R. Civ. P. 45 to issue such a subpoena if, in her professional judgment, such a subpoena is necessary. November 26, 2010.
s/ Michael R. Merz United States Magistrate Judge

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