BISTRIAN v. WARDEN TROY LEVI et al

Filing 460

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR ADVERSE INFERENCE IS GRANTED IN PART AND DENIED ON PART AS OUTLINED IN THE ACCOMPANYING MEMORANDUM OPINION. PLAINTIFF'S MOTION TO REOPEN THE RECORD IS GRANTED IN PART AS OUTLINED IN THE ACCOM PANYING MEMORANDUM OPINION. TO THE EXTENT THAT PLAINTIFF REQUESTS FURTHER SANCTIONS, INCLUDING ATTORNEYS' FEES, THAT REQUEST IS DENIED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/24/20. 3/24/20 ENTERED & E-MAILED. COPIES NOT MAILED TO ATTYS.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PETER BISTRIAN,
Plaintiff,

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v.
WARDEN TROY LEVI, et al.,
Defendants.

CIVIL ACTION NO. 08-3010

ORDER
AND NOW, this 24th day of March 2020, upon consideration of Plaintiff’s Motion for
Adverse Inference, made orally at trial, and Plaintiff’s Motion to Reopen the Record and for
Further Sanctions [Doc. No. 415], and the responses and replies to both motions, and for the
reasons explained in the accompanying Memorandum Opinion, it is hereby ORDERED as
follows:
1. Plaintiff’s Motion for Adverse Inference is GRANTED in part and DENIED in part as
outlined in the accompanying Memorandum Opinion.
2. Plaintiff’s Motion to Reopen the Record is GRANTED in part as outlined in the
accompanying Memorandum Opinion, and Exhibits P-303, P-304, P-305, P-306, P-307,
P-308, P-310, and P-312 are admitted.
3. To the extent that this limited reopening of the record necessitates an opportunity for
presentation of further testimony in response, as contemplated in the accompanying
Memorandum Opinion, the Court hereby directs counsel for the parties to confer as to the
status of any requested additional presentation of testimony and to report to the Court in
writing regarding each party’s position and any agreements that can be reached. Based on
the Court’s rulings on these Motions, the record in the Federal Tort Claims Act trial
remains open until all evidence has been received by the Court.

4. To the extent that Plaintiff requests further sanctions, including attorneys’ fees, that
request is DENIED.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
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CYNTHIA M. RUFE, J.