NUVASIVE, INC. v. JONES et al
Plaintiff: NUVASIVE, INC.
Defendant: MICHAEL JONES and KENNETH KORMANIS
Case Number: 1:2018cv00282
Filed: April 11, 2018
Court: US District Court for the Middle District of North Carolina
Office: NCMD Office
County: XX US, Outside State
Presiding Judge: L. PATRICK AULD
Presiding Judge: CATHERINE C. EAGLES
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 29, 2019 Opinion or Order Filing 174 ORDER signed by JUDGE CATHERINE C. EAGLES on 03/29/2019, that the plaintiff NuVasive's motion for imposition of sanctions for spoliation of evidence, Doc. 85 , is GRANTED IN PART, the defendant Kenneth Kormanis' objections to the Magistrate Judge's order and recommendation, Doc. 165 , are OVERRULED, and the Magistrate Judge's order and recommendation, Doc. 154 , is AFFIRMED and ADOPTED IN FULL. (Garland, Leah)
March 13, 2019 Opinion or Order Filing 154 MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 03/13/2019, that Plaintiff's Motion for Imposition of Sanctions for Spoliation of Evidence (Docket Entry 85 ) is GRANTED IN PART, as set out. On or before March 27, 2019, the parties shall file a joint notice either confirming their resolution of all issues regarding the payment of Plaintiff's reasonable expenses from the depositi on of (and any related subpoena to) Mr. Warrick or setting out their respective positions on any issue (s) regarding that payment that remain in dispute after good-faith consultation. On or before March 27, 2019, the parties shall file a joint noti ce either confirming their resolution of all issues regarding the payment of Plaintiff's reasonable expenses from drafting, filing, briefing, and orally arguing the instant Motion or setting out their respective positions on any issue(s) regardi ng that payment that remain in dispute after good-faith consultation. RECOMMENDED that the Court defer until trial the decision of whether other "serious measures are necessary to cure prejudice [from the loss of text messages], such as forbi dding [Defendant Kormanis] from putting on certain evidence, permitting the parties to present evidence and argument to the jury regarding the loss of information, or giving the jury instructions to assist in its evaluation of such evidence or argu ment, other than instructions [that it may or must presume the lost text messages were unfavorable to Defendant Kormanis]," Fed. R. Civ. P. 37 advisory comm.'s note, 2015 amend., subdiv. (e) (1). FURTHER RECOMMENDED that, because the rec ord supports but does not compel a "finding that [Defendant Kormanis] acted with the intent to deprive [Plaintiff] of the [lost text messages'] use in the litigation," Fed. R. Civ. P. 37(e)(2), the Court submit that issue to the &qu ot;jury, [with] the [C]ourt's instruction[s ] mak[ing] clear that the jury may infer from the loss of the [text messages] that [they were] unfavorable to [Defendant Kormanis] only if the jury first finds that [he] acted with the intent to deprive [Plaintiff] of the[ir] use in the litigation," Fed. R. Civ. P. 37 advisory comm.'s note, 2015 amend., subdiv. (e)(2). (Garland, Leah)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System

Search for this case: NUVASIVE, INC. v. JONES et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: NUVASIVE, INC.
Represented By: PAUL A. CAPUA
Represented By: CHRISTOPHER W. CARDWELL
Represented By: MARSHALL T. MCFARLAND
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: MICHAEL JONES
Represented By: JARED E. GARDNER
Represented By: TYLER B. PEACOCK
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: KENNETH KORMANIS
Represented By: MATHEW E. FLATOW
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?