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KILE v. WAL-MART STORES, INC., 3:13-cv-00142-HDM-VPC. (2014)

Court: District Court, D. Nevada Number: infdco20140701b32 Visitors: 21
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: ORDER HOWARD D. McKIBBEN, District Judge. Before the court is plaintiff Kile's motion for a spoliation instruction at trial (#35). The defendant has opposed (#38) and the plaintiff has replied (#40). Discovery in this case is not yet complete, and the court believes the request for a spoliation instruction is premature at this time. Accordingly, the plaintiff's (#35) motion for a spoliation instruction is hereby DENIED WITHOUT PREJUDICE, to be renewed at trial should the plaintiff so move.
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ORDER

HOWARD D. McKIBBEN, District Judge.

Before the court is plaintiff Kile's motion for a spoliation instruction at trial (#35). The defendant has opposed (#38) and the plaintiff has replied (#40).

Discovery in this case is not yet complete, and the court believes the request for a spoliation instruction is premature at this time.

Accordingly, the plaintiff's (#35) motion for a spoliation instruction is hereby DENIED WITHOUT PREJUDICE, to be renewed at trial should the plaintiff so move.

IT IS SO ORDERED.

Source:  Leagle

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