Design Basics LLC v. Campbellsport Building Supply Inc et al

Filing 198

ORDER regarding spoliation question signed by Chief Judge William C Griesbach on 7-13-16. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DESIGN BASICS LLC,
Plaintiff,
v.

Case No. 13-C-560

CAMPBELLSPORT BUILDING SUPPLY, INC., et al.,
Defendants.

ORDER REGARDING SPOLIATION

This case is scheduled for a jury trial beginning August 1, with a final pretrial conference
scheduled for July 18. The case was very recently reassigned to this court. My review of the recent
filings, including proposed jury instructions and verdicts, suggests that one issue is worth exploring
before the parties proceed to trial.

Clarifying the status of the action, and what questions are

properly posed to the jury, may assist the parties in preparing for trial and possibly in settling the
case.
The Defendants moved for summary judgment on the basis of spoliation, arguing that the
Plaintiffs had failed to preserve evidence that would allow the Defendants to show that the
otherwise protectable parts of the Plaintiff’s asserted plans were copied, rather than original. Judge
Randa’s June 6 decision denied the motion, concluding that a reasonable jury could agree with the
Plaintiff’s version of events. The proposed jury instructions and verdicts indicate that the parties
envision bringing the matter of spoliation before the jury.
However, as that same June 6 ruling recognized, validity in this circuit is a question of law

for the court to decide. Schrock v. Learning Curve Intern, Inc., 586 F.3d 513, 517 (7th Cir. 2009).
The spoliation issue appears to speak solely to copyright validity, and thus spoliation arguments
should be directed to the court rather than a jury. The court has not yet decided the spoliation
question, concluding that it was not resolvable at summary judgment. The parties are therefore
directed to prepare to discuss, at the final pretrial conference, ways of proceeding from here,
including whether an evidentiary hearing should be scheduled in lieu of the trial, which would allow
the court to rule on validity prior to bringing the case before the jury.

Dated this13th day of July, 2016.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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