The birfer spoliation issue went unresolved .. MSJ prevailed.
QuoteThe court found that Plaintiff and his counsel behaved in a troubling manner in refusing to turn over the software and then eventually claiming not to have it; however, the court denied the Motion for Sanctions. The Motion sought the sanction of dismissal; the court determined that resolution of the spoliation issue would be “labor intensive” and that, after reviewing all the facts, Defendants were entitled to summary judgment in lieu of spoliation sanction of dismissal, which would bring about the same result for Defendants. Therefore, the court denied the Motion for Sanctions but granted summary judgment in favor of Defendants, thus ruling against Plaintiff on the merits.