In re: New Canyonlands by Night, et al.

Justia Dockets & Filings Tenth Circuit Utah District Court In re: New Canyonlands by Night, et al.

In re: New Canyonlands by Night, et al.

Plaintiff:	Plaintiff Placeholder
Defendant:	Defendant Placeholder
Case Number:	2:2017cv01293
Filed:	December 19, 2017
Court:	US District Court for the District of Utah
Office:	Central Office
County:	Grand
Presiding Judge:	David Nuffer
Nature of Suit:	Marine
Cause of Action:	28 U.S.C. § 1333
Jury Demanded By:	None

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Date Filed	Document Text
January 31, 2020	Filing 131 MEMORANDUM DECISION AND ORDER imposing Sanctions against parties and attorneys who failed to attend the 1/24/20 Settlement Conference and/or to seek admission pro hac vice (Barbara Morris, Brian Morris, Veronica McCormick, Roy McCormick, Margaret Zimmer, Thomas Ahern, John M. Molloy, Brian McGinnis). Signed by Magistrate Judge Cecilia M. Romero on 1/30/20 (alt)
November 1, 2019	Filing 103 MEMORANDUM DECISION and Order granting 88 Motion for Sanctions. IT IS FURTHER HEREBY ORDERED that the opinions and reports of Canyonlands' expert, William W. Dials, regarding the cause of the vessel's steering failure are excluded from admission in evidence. FURTHER, Canyonlands is on notice that their prejudicial actions may be taken into account by the trier of fact in evaluating any theory or argument of causation of the accident. That is, any evidence or argument based on the unilaterally preserved, selected and evaluated evidence used by Mr. Dials may have impaired credibility. Additional sanctions may also be ordered. Determination of further spoliation sanctions being warranted will be made nearer to or at trial. Signed by Judge David Nuffer on 11/1/2019. (jwt)

Date Filed

Document Text

January 31, 2020

Filing 131 MEMORANDUM DECISION AND ORDER imposing Sanctions against parties and attorneys who failed to attend the 1/24/20 Settlement Conference and/or to seek admission pro hac vice (Barbara Morris, Brian Morris, Veronica McCormick, Roy McCormick, Margaret Zimmer, Thomas Ahern, John M. Molloy, Brian McGinnis). Signed by Magistrate Judge Cecilia M. Romero on 1/30/20 (alt)

November 1, 2019

Filing 103 MEMORANDUM DECISION and Order granting 88 Motion for Sanctions. IT IS FURTHER HEREBY ORDERED that the opinions and reports of Canyonlands' expert, William W. Dials, regarding the cause of the vessel's steering failure are excluded from admission in evidence. FURTHER, Canyonlands is on notice that their prejudicial actions may be taken into account by the trier of fact in evaluating any theory or argument of causation of the accident. That is, any evidence or argument based on the unilaterally preserved, selected and evaluated evidence used by Mr. Dials may have impaired credibility. Additional sanctions may also be ordered. Determination of further spoliation sanctions being warranted will be made nearer to or at trial. Signed by Judge David Nuffer on 11/1/2019. (jwt)

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