ABC Home Health Services, Inc. v. International Business Machines Corp.

ORDER

ALAIMO, District Judge.

This case is a diversity contract dispute between Plaintiff, ABC Home Health Services, Inc. (“ABC”), and Defendant, International Business Machines Corporation (“IBM”). Before the Court is ABC’s motion to dismiss IBM’s counterclaims as a sanction for destruction of documents. For the reasons discussed below, ABC’s motion is DENIED.

FACTS

ABC Home Health Services, Inc., is a home health care provider with headquarters in Brunswick, Georgia. IBM undertook a project developing “Medical Operations Management System” (“MOMS”) software for ABC. While developing the…