Napier v. Cinemark USA, Inc.

OPINION AND ORDER

CLAIRE V. EAGAN, Chief Judge.

Now before the Court is plaintiffs timely objection (Dkt.# 20) to the March 17, 2009 report and recommendation (Dkt.# 19) of the magistrate judge, wherein he recommended that defendant’s motion to dismiss plaintiffs claim for spoliation of evidence (Dkt.# 5) be granted.

I

Plaintiff, Carol Napier, filed this action in the Tulsa County District Court on May 6, 2008. She seeks to recover damages for personal injuries sustained as a result of Cinemark’s alleged negligence in maintaining the premises of its theater at 6808 South Memorial Avenue in Tulsa,…