Dyvex Industries, Inc. v. Agilex Flavors & Fragrances, Inc. et al

Filing 155

ORDER (memorandum filed previously as separate docket entry)The motion for summary judgment filed by Agilex defendants, (Doc. 106), based on spoliation of evidence by plaintiff Dyvex, is GRANTED IN PART and DENIED IN PART.Signed by Honorable Malachy E Mannion on 2/27/18. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DYVEX INDUSTRIES, INC.,
Plaintiff,
v.
AGILEX FLAVORS &
FRAGRANCES, INC., et al.,

:
:

Civil No. 12-CV-0979

:

(JUDGE MANNION)

:
:

Defendants
ORDER
Based on the foregoing memorandum, IT IS HEREBY ORDERED
THAT:
1.

The motion for summary judgment filed by Agilex defendants,
(Doc. 106), based on spoliation of evidence by plaintiff Dyvex, is
GRANTED IN PART and DENIED IN PART.

2.

Agilex’s motion for summary judgment, (Doc. 106), is DENIED
insofar as Agilex seeks the dismissal of Dyvex’s remaining claims.

3.

Agilex’s motion for summary judgment, (Doc. 106), is GRANTED
insofar as Agilex seeks an adverse jury instruction at trial
regarding the spoliation inference.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: February 27, 2018
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2012 MEMORANDA\12-979-05-ORDER.wpd