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, )
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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
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