Capricorn Power Co. v. Siemens Westinghouse Power Corp.

MEMORANDUM OPINION and ORDER OF COURT

GIBSON, District Judge.

SYNOPSIS

Both the Defendant and the Plaintiffs have filed motions requesting orders of court that direct the preservation of documents and things. The current case law does not provide a definitive test to apply when deciding such motions. Upon review of the circumstances, and being guided by present law, a three part test is developed and applied by the Court. Under such a test, both motions for an order of preservation are denied. The Defendant’s motion to strike the Plaintiffs motion is also denied as moot. The Court possesses…