Given et al v. Ameristep, Inc. et al
| Melissa Given and Bruce Given |
| Cabellas Catalog, Inc. and Ameristep, Inc. |
| 2:2013cv02070 |
| February 6, 2013 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T. Copenhaver |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
79
MEMORANDUM OPINION AND ORDER denying without prejudice defendants' 52 MOTION to Strike Plaintiffs' "New" Ladderstand Evidence or in the Alternative, MOTION for an Adjournment of Trial in Order to Reopen Discovery, and Related M OTION for Sanctions, Costs and Fees Incurred Due to Plaintiffs' Conduct Related to the "New" Ladderstand Evidence; granting in part and denying in part as more fully set forth herein defendants' 37 MOTION for Sanctions Against Plaintiffs, Including A Dismissal With Prejudice, For Spoliation of Evidence; plaintiffs shall file a supplemental expert's report by 6/30/2014; directing plaintiffs to send, at their own expense, all of the tree stand evidence, including newly discovered evidence, to an address specified by the defendants; defendants shall take care that the physical evidence is preserved and not damaged while it is in their custody; defendants are to return the physical evidence to the plaintiffs followin g its inspection; plaintiffs shall reimburse the defendants for the reasonable costs of returning the evidence; the parties shall appear by counsel telephonically for a Status Conference set for 7/18/2014 at 10:00 AM in Charleston; plaintiff, at thei r own expense, shall make plaintiffs' expert available for deposition at a time and date to be determined at the 7/18/2014 teleconference; directing plaintiff to pay the reasonable fees and costs incurred by the defendants for one attorney to appear and take the deposition of the plaintiff's expert. Signed by Judge John T. Copenhaver, Jr. on 6/12/2014. (cc: attys; any unrepresented parties) (tmh)
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