Function Media, L.L.C. v. Google, Inc. et al

Filing 396

ORDER taking under advisement 364 Sealed Emergency Motion for Adverse Inference Instruction. Signed by Magistrate Judge Charles Everingham on 1/19/2010. (ch, )

Download PDF
Function Media, L.L.C. v. Google, Inc. et al Doc. 396 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C. vs. GOOGLE INC. AND YAHOO, INC. § § § § § ORDER Pending before the court is the plaintiff Function Media, L.L.C. ("FM") emergency motion for adverse inference instruction (Dkt. No. 364). FM argues that the defendant Google Inc. ("Google") failed to retain and produce instant messages and certain e-mails. FM's motion is CARRIED. The court shall address FM's motion for an adverse inference instruction prior to closing arguments. During trial, FM is prohibited from mentioning Google's alleged failure to produce instant messages and e-mail, absent further order from the court. SIGNED this 19th day of January, 2010. CASE NO. 2:07-CV-279 ___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?