Equal Employment Opportunity Commission v. Dillon Companies, Inc.

ORDER

R. BROOKE JACKSON, District Judge.

Defendant moves for reconsideration (Docket # 189) of the portion of the Court’s order of November 21, 2011, 839 F.Supp.2d 1141 (D.Colo.2011) (Docket # 135) regarding the giving of an adverse inference instruction based upon spoliation of evidence. Defendant argues that the Court patently misunderstood or failed to apprehend undisputed evidence that employee Stringer pushed or bumped the supervisor Sedillos; that the accidental loss of copies of the videotapes therefore was not prejudicial; and that an adverse inference instruction is “entirely…