Archive: September 13, 2013

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Magistrate Judge Declines to Presume Prejudice, Recommends Denial of Motion for Sanctions

Magistrate Judge Declines to Presume Prejudice, Recommends Denial of Motion for Sanctions

Herrmann v. Rain Link, Inc., No. 11-1123-RDR, 2013 WL 4028759 (D. Kan. Aug. 7, 2013)

Plaintiff sought sanctions for Defendants’ allegedly intentional spoliation of evidence and argued that prejudice could be presumed.  The Magistrate Judge declined to do so and also found that Defendants’ spoliation was merely negligent.  Thus, absent a showing of actual prejudice, the Magistrate Judge recommended that Plaintiff’s motion be denied.

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