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Colonies Partners, L.P. v. Cnty. of San Bernardino
Factual and Procedural Background
This opinion addresses Plaintiffs' Motion for Sanctions in the context of ongoing litigation between Colonies Partners, L.P., et al. (Plaintiffs) and County of San Bernardino, et al. (Defendants). The Court reviewed the Motion, the Opposition, the Reply, and the Report and Recommendation ("R&R") issued by the United States Magistrate Judge. No objections were filed to the R&R prior to this order.
Legal Issues Presented
- Whether Plaintiffs are entitled to sanctions, including an adverse jury instruction or terminating sanctions, based on the deletion of electronically stored information (ESI) from a specific email account and text messages.
- Whether Plaintiffs should be awarded reasonable fees associated with bringing the Motion for Sanctions.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court reviewed the filings related to the Motion for Sanctions and the Magistrate Judge's Report and Recommendation. Finding no objections, the Court accepted the Magistrate Judge's findings. The Court endorsed the recommendation to grant an adverse jury instruction permitting the jury to presume that deleted ESI was unfavorable to Plaintiffs, but declined to impose terminating sanctions requested by Plaintiffs. The Court also found Plaintiffs entitled to reasonable fees for bringing the Motion, setting a schedule for submission and response of fee-related declarations and records.
Holding and Implications
The Court adopted the Report and Recommendation, granting Plaintiffs' Motion for an adverse jury instruction but denying terminating sanctions, and awarded Plaintiffs reasonable fees associated with the Motion.
The direct effect of this decision is that Plaintiffs will be allowed to present an adverse inference instruction at trial regarding the deleted ESI, but the case will proceed without terminating sanctions against Defendants. The Court’s order establishes a procedural framework for resolving Plaintiffs' fee request. No new legal precedent was established.
HONORABLE JESUS G. BERNAL United States District Judge
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGEPursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiffs' Motion for Sanctions ("Motion"), Defendants' Opposition to the Motion ("Opposition" or "Opp'n"), Plaintiffs' Reply in Support of the Motion ("Reply"), the relevant records on file, and the Report and Recommendation of the United States Magistrate Judge ("R&R"). Electronic Case Filing Number ("ECF No.") 249, Motion; ECF No. 263, Opp'n; ECF No. 266, Reply; ECF No. 305, R&R. No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. / / / / / / / / /
IT IS THEREFORE ORDERED that:
1) The R&R [ECF No. 305] is ADOPTED;Dated: March 27, 2020
2) Plaintiffs' Motion [ECF No. 249] is GRANTED insofar as Plaintiffs seek an adverse jury instruction at trial—that the jury may presume that the deleted ESI information from the mike@joinmikeramos.com e-mail account and text messages deleted after March 2018, was unfavorable to Plaintiffs—but DENIED insofar as Plaintiffs seek terminating sanctions;
3) Plaintiffs are AWARDED reasonable fees associated with bringing this Motion; and
4) Plaintiffs must submit their declaration and records in support of their fee award for the Court's consideration within fourteen days of the date of this Order, Defendants shall file their Response within fourteen days of the filing of Plaintiffs' submission, and Plaintiffs may file a Reply within seven days of Defendants' Response, after which time the fee award will be decided on the papers.
/s/_________
HONORABLE JESUS G. BERNAL
United States District Judge
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