BROWN v. CERTAIN UNDERWRITERS AT LLOYDS, LONDON et al

Filing 44

MEMORANDUM AND ORDER THAT THAT PLAINTIFF'S OBJECTION IS OVERRULED. DEFENDANTS' MOTION FOR SPOLIATION SANCTIONS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF SHALL PAY ALL FEES AND COSTS ASSOCIATED WITH DEFENDANTS' MOTION FOR SPOLIATION SANCTIONS; ETC.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/9/17. 6/12/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COREY BROWN,
Plaintiff,

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v.
CERTAIN UNDERWRITERS AT
LLOYDS, LONDON, ET AL.
Defendants.

CIVIL ACTION
NO. 16-cv-02737

ORDER
AND NOW, this

9th

day of June, 2017, upon consideration

of Plaintiff’s Objection to Request to Produce Cell Phone for
Examination by Expert (Doc. No. 27), Defendants’ Response to
Plaintiff’s Objection to Request to Produce Cell Phone for
Examination by Expert, and Defendants’ Resulting Motion for
Spoliation Sanctions (Doc. No. 29), Defendants’ Supplemental
Memorandum in Support of Defendants’ Motion for Spoliation
Sanctions (Doc. No. 36), Plaintiff’s opposition thereto (Doc. No.
39), and Defendants’ reply in further support thereof (Doc. No.
41), for the reasons given in the attached Memorandum, it is
hereby ORDERED as follows:
(1) Plaintiff’s Objection is OVERRULED;
(2) Defendants’ Motion for Spoliation Sanctions is GRANTED
in part and DENIED in part;
(3) Plaintiff shall pay all fees and costs associated with
Defendants’ Motion for Spoliation Sanctions (Doc. No. 29),
Defendant’s Supplemental Memorandum in Support of Defendants’

Motion for Spoliation Sanctions (Doc. No. 36), and Defendants’
reply in further support thereof (Doc. No. 41);
(4) Plaintiff shall also pay all fees and costs already
incurred that are associated with Defendants’ efforts to obtain
records from Plaintiff’s cellular carrier, including but not
necessarily limited to those fees and costs associated with
Defendants’ Motion for Order to Authorize Release of Plaintiff’s
Cellular Telephone Data (Doc. No. 8);
(5) Defendants are MANDATED to submit, within fourteen (14)
days of entry of this Order, an affidavit and/or other materials
detailing their costs and fees associated with (3) and (4) above.
Defendants’ submission of costs and fees should contain, at
minimum, a description of work completed, time expended on
various tasks, and the hourly rate charged.

Plaintiff shall have

14 days after submission of this affidavit to file a response, if
any;
(6) Defendants are entitled to an adverse jury instruction
and spoliation inference.

The Court will consider specific

proposed jury instructions from the parties at or around the time
of trial.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.